MUKESH B. BAJAJ,MUMBAI vs. COMMISSIONER OF INCOME TAX/INCOME TAX OFFICER /NATIONAL E-ASSESSMENT CENTRE.DELHI, MUMBAI

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ITA 3910/MUM/2023Status: DisposedITAT Mumbai16 April 2024AY 2012-13Bench: SHRI PAVAN KUMAR GADALE (Judicial Member), MS. PADMAVATHY S (Accountant Member)1 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal noted that the CIT(A) dismissed the appeal ex-parte due to the assessee's non-appearance despite multiple notices. However, considering the principles of natural justice and the assessee's claim of having a good case on merits with supporting evidence, the Tribunal decided to set aside the CIT(A)'s order.

What were the facts?

The assessee, engaged in real estate, had cash deposits of Rs. 14,38,000 and term deposits of Rs. 22,00,000 in Kotak Mahindra Bank during FY 2011-12. The Assessing Officer (AO) made additions of Rs. 14,38,000 and Rs. 22,00,000 as unexplained money/investments under Sections 69A and 69 of the Act, respectively, after initiating reassessment proceedings.

What were the issues?

Whether the CIT(A) was justified in dismissing the appeal ex-parte, and whether the assessee should be granted another opportunity to present their case with evidence, particularly regarding the additions made under Sections 69 and 69A of the Income Tax Act.

Which sections of the Income-tax Act were involved?

Section 147,Section 144,Section 250,Section 69A,Section 69,Section 234A,Section 234B,Section 234C,Section 148,Section 142(1),Section 133(6)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “SMC” BENCH, MUMBAI

Before: SHRI PAVAN KUMAR GADALE & MS. PADMAVATHY S

For Appellant: Shri. Fenil Bhatt.AR
For Respondent: Shri R.R. Makwana.DR
Hearing: 15.04.2024Pronounced: 16.04.2024

आदेशानुसार/ BY ORDER, स�या�पत ��त //True Copy// 1.

( Asst. Registrar) ITAT, Mumbai

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