MUKESHKUMAR MANSUKHLAL SHAH,SURAT, GUJARAT vs. CENTRAL CIRCLE 1,SURAT, SURAT, GUJARAT

PDF · subscribers
ITA 441/SRT/2024Status: HeardITAT Surat22 January 2026AY 2016-17Bench: DR. B.R.R. KUMAR, VICE-PRESIDENT Ms SUCHITRA KAMBLE (Judicial Member)3 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal, considering the totality of facts and in the interest of justice, decided to remand the matter to the Assessing Officer for a de novo assessment. Both the assessee's appeals and the Revenue's appeal were allowed for statistical purposes with a direction for the assessee to cooperate fully.

What were the facts?

The assessee failed to provide necessary details and explanations to the CIT(A) and the Assessing Officer despite repeated opportunities. The CIT(A) upheld the Assessing Officer's actions and dismissed the assessee's appeals. The assessee's counsel requested another opportunity to present the required documents.

What were the issues?

Whether the appeals should be dismissed due to non-compliance or remanded to the lower authorities for fresh assessment.

Which sections of the Income-tax Act were involved?

Section 250

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, SURAT BENCH, SURAT

Before: DR. B.R.R. KUMAR, VICE-Ms SUCHITRA KAMBLE

For Appellant: Shri Ashish Modi, AR
For Respondent: Shri Mukesh Jain, CIT. DR
Hearing: 19.01.2026Pronounced: 22.01.2026

Appellant by : Shri Ashish Modi, AR Respondent by: Shri Mukesh Jain, CIT. DR Date of Hearing 19.01.2026 Date of Pronouncement 22.01.2026 O R D E R PER DR. B.R.R. KUMAR, VICE-PRESIDENT:-

The captioned appeals have been filed by the Assessee against the separate orders of by the Ld. Commissioner of Income-Tax (Appeals), National Faceless with others Asst. Year : 2013-14 - 2– Appeal Centre (NFAC), Delhi (“the CIT(A) in short), under Section 250 of the Income-tax Act, 1961 (“the Act”), relating to the Assessment Years 2010-11 and 2013-14 to 2019-20. Since the issues raise in all these appeals are common and identical, the same are being disposed of by this common order.

2. On perusal of the records, it is observed that the assessee was afforded adequate opportunities of hearing to furnish details, clarifications, and explanations to substantiate its claims in these appeals pertaining to the relevant assessment years. However, despite being granted sufficient opportunities, the assessee remained non- compliant and failed to furnish the requisite details or explanations before the Ld. CIT(A). Consequently, the Ld. CIT(A), based on the material available on record, upheld the action of the Assessing Officer and dismissed the appeals of the assessee. We further observe that the assessee also failed to submit any details or supporting evidence even before the Assessing Officer. During the course of hearing before us, the Ld. Counsel for the assessee prayed that, if one more opportunity is granted, the assessee would furnish all the necessary details, clarifications, and explanations before the revenue authorities. The Ld. Counsel, suo motu, agreed compensation to the Revenue amounting to Rs.25,000/- in each appeal. Considering the totality of the facts and in the interest of justice, we deem it appropriate to remand the matter to the file of the Assessing Officer for conducting the assessment de novo. The assessee is directed to submit all relevant bank statements, documents, and explanations before the Assessing Officer and to strictly comply with the notices issued by the revenue authorities without seeking any unnecessary adjournments. for AY 2010-11(Appeal by the Revenue)

3.

Since the assessee’s appeal has been set aside to the file of the Assessing Officer, the Revenue’s appeal is also remanded to the file of the Assessing Officer. with others Asst. Year : 2013-14 - 3– 4. In the combined result, the appeals of the assessee as well as the appeal of the Revenue are allowed for statistical purposes

The order is pronounced in the open Court on 22.01.2026.

Sd/- Sd/- (SUCHITRA KAMBLE) (DR. B.R.R. KUMAR) JUDICIAL MEMBER VICE-PRESIDENT (True Copy) Surat; Dated 22.01.2026 **mv आदेश की �ितिलिप अ�ेिषत/Copy of the Order forwarded to : अपीलाथ� / The Appellant 1. ��थ� / The Respondent. 2. संबंिधत आयकर आयु� / Concerned CIT 3. 4. आयकर आयु� ( ) अपील / The CIT(A)- िवभागीय �ितिनिध , , 5. अिधकरण अपीलीय आयकर /DR,ITAT, Surat, 6. गाड� फाईल / Guard file. आदेशानुसार/ BY ORDER, TRUE COPY सहायक पंजीकार (Asstt. Registrar) आयकर अपीलीय अिधकरण ITAT, Surat

1.

Date of dictation …words processed by Hon’ble VP on his PC on 17.10.2025……………. Date on which the typed draft is placed before the Dictating Member …03.11.2025………….

2.

Other Member ……06.11.2025………. 3. 4. Date on which the approved draft comes to

Recent GST High Court judgments

Search GST case law →