NIRAV RESHAMWALA,MUMBAI vs. COMMISSIONER OF INCOME TAX APPEAL, DELHI

Appellant by : Shri Manish R. Reshamwala Respondent by : Shri Paresh Deshpande Date of Hearing 07.10.2024 Date of Pronouncement 18.10.2024 आदेश / O R D E R PER RENU JAUHRI [A.M.] :- This appeal is filed by the assessee against the order of the Learned Commissioner of Income-tax (Appeals), Mumbai-30/National Faceless Appeal Centre, Delhi [hereinafter referred to as “CIT(A)”] dated 13.06.2024 passed u/s. 250 of the Income-tax Act, 1961 [hereinafter referred to as “Act”] for Assessment Year [A.Y.] 2008-09.

A.Y. 2008-09 Nirav Natwerlal Reshamwala

1. Order passed without verification of Facts: The Hon. CIT(A) NFAC passed an order against the assessee disposing off his appeal without an opportunity for hearing in-spite of number of hearings done before CIT (A) and full details submitted.

2. The additions to purchases amounting to Rs.2,17,57,870/- made by the AO only on the basis of a retracted statement be deleted. The brief facts of the case are that the assessee had filed return declaring 3. income of Rs. 1,60,820/- on 29.09.2008. Subsequently, on receipt of information from the DGIT (Investigation), Mumbai regarding accommodation entries taken by him from M/s. Krishna Diam and M/s. Parshwanth Gems Pvt. Ltd., reopening proceedings were initiated u/s 147 of the Act. The assessment was finalized u/s 144 r.w.s. 147 of the Act at an income of Rs. 2,17,57,870/-, after making addition on account of non-genuine purchases/unsecured loans to the tune of Rs. 2,15,97,046/-. The assessee filed an appeal on 27.04.2016 against the assessment order 4. dated 23.03.2016 before the Ld. CIT(A). The appeal was subsequently migrated to the CIT(A)/NFAC who dismissed the appeal on the ground that the assessee had not furnished any explanation or supporting document in support of grounds of appeal despite several opportunities provided to him. Before us, Ld. AR pointed out that the assessee had made submissions 5. during the manual proceedings before the Ld. CIT(A). Subsequently, before the appeal was migrated to the faceless vertical, however none of those submissions have been taken into account while passing the appellate order. Since the appeal A.Y. 2008-09 Nirav Natwerlal Reshamwala has not been decided on merits, we deem it proper to restore the same to Ld. CIT(A) for afresh adjudication on merits after offering due opportunity to the assessee. In the result, the appeal of the assessee is allowed for statistical purpose.

6. Order pronounced in the open court on 18.10.2024.