Facts
The Assessing Officer made an addition of Rs.33.38 crores as undisclosed income of the assessee on a protective basis due to an application filed before the Settlement Commission. The CIT(A) set aside the assessment order and restored the matter to the Assessing Officer for necessary enquiries.
Held
The Tribunal found no error in the CIT(A)'s order to remand the case back to the Assessing Officer. Therefore, the order of the CIT(A) was affirmed.
Key Issues
Whether the CIT(A) was justified in setting aside the assessment order and remanding the matter back to the Assessing Officer for further enquiries.
Sections Cited
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
IN THE INCOME TAX APPELLATE TRIBUNAL SURAT BENCH, SURAT BEFORE DR. B.R.R. KUMAR, VICE-PRESIDENT Ms SUCHITRA KAMBLE, JUDICIAL MEMBER & 1016/Srt/2025 (Assessment Years:2015-16 & 2017-18) Chhaganbhai Nanubhai Butani, Income Tax Officer, Vs. Plot No.50, Ward-3(3)(1), Ranchhognagar Raw House, Surat. Varachha Road, S.O Surat-395006. [PAN : BGYPB5691P] (Appellant) .. (Respondent) Appellant by : Shri Rasesh Shah, AR Respondent by: Shri Mukesh Jain, CIT. DR Date of Hearing 21.01.2026 Date of Pronouncement 23.01.2026 O R D E R PER DR. B.R.R. KUMAR, VICE-PRESIDENT:-
The captioned two appeal have been filed by the Assessee against the separate orders both dated 11.07.2025 passed by the Ld. Commissioner of Income-Tax (Appeals), National Faceless 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 2015-16 & 2017-18.
The Assessing Officer made an addition of Rs.33.38 crores as undisclosed income of the assessee on a protective basis, owing to the filing of an application before the Settlement Commission. The Ld. CIT(A) set aside the assessment order and restored the matter to the file of the Assessing Officer with a direction to conduct necessary enquiries and verify the submissions filed by the assessee. Since no error can be found out in the order of the Ld.CIT(A) to remand the case to the Assessing Officer, we affirm the order of the Ld.CIT(A).
& 1016/Srt/2025 Asst. Years: 2015-16 & 2017-18 - 2– 3. The appeal of the assessee on this ground stands dismissed.
Since the facts and issues are identical for other assessment year, the above decision shall apply mutatis mutandis to the other appeal also. Thus, the appeal filed by the assessee is dismissed
In the result, the appeals by the assessee are dismissed in above terms.
The order is pronounced in the open Court on 23.01.2026.
Sd/- Sd/- (SUCHITRA KAMBLE) (DR. B.R.R. KUMAR) JUDICIAL MEMBER VICE-PRESIDENT (True Copy) Surat; Dated 23.01.2026 **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)- 5. िवभागीय �ितिनिध , , 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
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