RANJANBEN HASMUKH SHAH,MUMBAI vs. ACIT 19(2), MUMBAI
What did the Tribunal hold?
The Tribunal found merit in the assessee's plea for a further opportunity, noting that no prejudice would be caused to the revenue. The order of the CIT(A) was set aside, and the appeal was restored for a fresh hearing.
What were the facts?
The Assessing Officer (AO) treated long-term capital gains from share sales as unexplained cash credit under Section 68. The CIT(A) confirmed the AO's action, stating the assessee was given sufficient opportunity but failed to substantiate her case.
What were the issues?
Whether the CIT(A) erred in confirming the AO's action without granting sufficient opportunity to the assessee to present her case.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “D” BENCH, MUMBAI
Before: S/SHRI B.R.BASKARAN & SHRI SANDEEP GOSAIN
O R D E R
PER SANDEEP GOSAIN, JM:
This is assessee’s appeal for assessment year 2004-05, in which she has made a grievance that the ld. CIT(A) did not grant sufficient opportunity of being heard and erred in confirming the action of the AO in assessing Long Term Capital Gain as unexplained cash credit u/s 68 of the Income Tax Act, 1961 amounting to Rs.2,08,845/.
The assessee is an individual and filed return of income at Rs.5,33,329/- on 30.3.2005. On the basis of information received from DDIT(Inv), Unit 1(4), Mumbai a search and seizure operation was carried out on the group of companies and other entities managed and controlled by one Mr.Mukesh Chokshi and his associate Mr. Jayesh Sampat. On AO observed that the assessee has sold shares of M/s Buniyad Chemicals at Rs.2,08,845/- which was purchased at Rs.2467/- on 17.5.2001. After claiming indexation on the cost, the taxable Long Term Capital gains has been shown at Rs.2,06,377/-. The AO processed the case u/s 147 and 148 of the Act. After considering the details submitted by the assessee, the AO did not favour the assessee and a sum of Rs.2,08,854/- was added to the total income of the assessee under section 68 instead of treating it as Long Term Capital Gains. Aggrieved by the order of the AO, the assessee filed appeal before ld.CIT(A), who in turn confirmed the action of the AO on the ground that despite of having given sufficient opportunity of being heard to the assessee, she failed to substantiate her case. 3. We have heard both the parties and perused the record. Before us, the ld.AR of the assessee has submitted that the AO made an addition u/s 68 and the ld.CIT(A) confirmed his action. Before, the ld. CIT(A), she could not express her stand for want of sufficient opportunity and the ld. CIT(A) dismissed the appeal of the assessee. The ld. AR before us, now prayed that if one more opportunity is granted to the assessee, she would be able to prove her case on merit and hence submitted that the matter may be restored to the file of the ld. CIT(A) for fresh application of mind. We find merit in the contention of the ld. AR. We find that though the ld. CIT(A) time and again given sufficient opportunity to the appellant but even then the assessee did not produce herself without any plausible reason, if the assessee would get one more opportunity of being heard and no prejudice would be caused to the revenue. Under the circumstances, in our view, the ends of justice would meet, if the cost is imposed for such negligence on the part of the assessee. Accordingly, we called upon the assessee to deposit a sum of Rs.10,000/- on or before 28th Feb 2016. Accordingly, on this condition we set aside the order of the
More judgments on Section 68
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
- Bliss Dealtrade Private Limited, Kolkata vs Income Tax Officer - Ward 9(2) Kolkata…ITA 208/KOL/2026[2012-13]Status: Disposed21 Oct 2026AY 2012-13
- Hemal Paresh Madeka, Rajkot vs Asst.Commissioner of Income Tax…ITA 955/RJT/2026[2020-21]Status: Disposed19 Oct 2026AY 2020-21
- Ajaybhai Dineshbhai Bagdai, Near Central… vs The Income Tax Officer, Ward-1(2)(1), New…ITA 74/RJT/2026[2013-14]Status: Disposed19 Oct 2026AY 2013-14
Recent GST High Court judgments
Search GST case law →- M/S Sita Enterprises vs. Office Of The CommissionerUttarakhand · 26 Oct 2026
- Capri Global Capital LTD Through Represented By Its Law Officer Mr. Varun Kaljoria vs. The State Of Madhya Pradesh Through Principal SecretaryMadhya Pradesh · 26 Oct 2026
- Sri Tatiparthy Venkata Swamy vs. The State Of Andhra PradeshAndhra Pradesh · 25 Oct 2026
- Piyush Shantilal Veera vs. State Of U.P.Allahabad · 23 Oct 2026
- Tvl. Pooja Shri Traders vs. The Deputy State Tax Officer - 1Madras · 23 Oct 2026