DWARKADAS BHAGVANBHAI KASWALA,AHMEDABAD vs. THE WARD-3(2)(1), AHMEDABAD
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Income Tax Appellate Tribunal, “SMC” BENCH, AHMEDABAD
Before: DR. B.R.R. KUMAR, VICE-
sIN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH, AHMEDABAD BEFORE DR. B.R.R. KUMAR, VICE-PRESIDENT I.T.A. No. 1031/Ahd/2024 (Assessment Year: 2018-19) Dwarkadas Bhagvanbhai Income-Tax Officer, Vs. Kaswala, Ward 3(2)(1), 15, Vrundavan Bungalow-III, Ahmedabad Shilaj Road, Thaltej, Ahmedabad-380054 PAN : AARPK 2082 K (Appellant) .. (Respondent) Appellant by : Shri Mehul R. Patel, Advocate Respondent by: Ms. Neeju Gupta, Sr DR Date of Hearing 26.11.2024 Date of Pronouncement 29.11.2024
O R D E R This appeal has been filed by the Assessee against the order passed by the Ld. Commissioner of Income-tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi (hereinafter referred to as "CIT(A)" for short), dated 29.04.2024 passed under Section 250 of the Income-tax Act, 1961 [hereinafter referred to as "the Act" for short], for Assessment Year (AY) 2018-19.
The Assessee has taken following ground of appeal:- “That on facts and in law the learned NFAC- CIT (A) has grievously erred in not admitting the additional evidence in terms of Rule 46A of the IT Rules, and in not affording sufficient and reasonable opportunity hearing and in dismissing the appeal.”
In this case, the assessment order has been passed by the Income- tax Officer, National e-Assessment Centre, Delhi on 04.03.2021 determining
ITA No. 1031/Ahd/2024 Dwarkadas Bhagvanbhai Kaswala Vs. ITO Asst. Year : 2018-19 - 2–
total income of Rs.35,99,610/- against the returned income of Rs.11,31,880/- on account of capital gains earned. The ld. CIT(A) confirmed the addition and held that the assessee is not eligible for deduction as claimed u/s 54F and refused to accept the evidences which goes to the root cause of adjudication of the issue on the ground that the assessee has failed to produce the same before the Assessing Officer. We find that ld. CIT(A) erred in not accepting the relevant evidences which has material impact on the adjudication. Hence, the matter is remanded to the ld. CIT(A) to consider all the evidences and pass an order de novo.
In the result, the appeal of the Assessee is allowed for statistical purposes.
The order is pronounced in the open Court on 29.11.2024
Sd/-
(DR. B.R.R. KUMAR) VICE-PRESIDENT Ahmedabad; Dated 29/11/2024 btk 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. आयकर आयु�(अपील) / The CIT(A)- 4. िवभागीय �ितिनिध, आयकर अपीलीय अिधकरण, अहमदाबाद / DR, ITAT, Ahmedabad 5. गाड� फाईल / Guard file. 6. आदेशानुसार/ BY ORDER, True Copy उप/सहायक पंजीकार (Dy./Asstt. Registrar) आयकर अपीलीय अिधकरण, अहमदाबाद / ITAT, Ahmedabad
