SHANTICHAND BALCHAND BORAR,AHMEDABAD vs. INCOME TAX OFFICER, WARD 5(3)(2), VEJALPUR
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Income Tax Appellate Tribunal, “SMC” BENCH, AHMEDABAD
Before: Ms. SUCHITRA RAGHUNATH KAMBLE
IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH, AHMEDABAD BEFORE Ms. SUCHITRA RAGHUNATH KAMBLE, JUDICIAL MEMBER आयकर अपील सं./I.T.A. No. 33/Ahd/2024 (�नधा�रण वष� / Assessment Year : 2013-14) Shantichand Balchand The Income Tax Officer बनाम/ Ward 5(3)(2), Vejalpur, Borar Vs. N-101, Orchid Whitefield, Ahmedabad Near Makarba Railway Crossing, Makarba, Gujarat 380051 �थायी लेखा सं./जीआइआर सं./PAN/GIR No. : AEHPB5346P (Appellant) .. (Respondent) Shri Prakash D. Shah & Shri Saiyam अपीलाथ� ओर से /Appellant by : V. Shah, A.Rs. ��यथ� क� ओर से/Respondent by : Shri Ketan Gajjar, Sr. DR 01/04/2024 Date of Hearing 24/04/2024 Date of Pronouncement O R D E R The appeal is filed by the assessee against the order dated 21.08.2023 passed by the National Faceless Appeal Centre (NFAC), Delhi, for Assessment Year 2013-14. 2. The grounds of appeal filed by the assessee are as under:
“1. The learned National Faceless Appeal Centre has erred in law and facts by not quashing the reassessment proceeding and annulling the assessment order passed as the same is without jurisdiction and bad in law. 2. The learned National Faceless Appeal Centre has erred in law and facts by confirming the disallowance of Rs.16,83,123/- of indexed value of improvement cost and transfer expense and therefore the learned AO be directed to allow the said expense while computing total income.
ITA No. 33/Ahd/2024 (Shantichand Balchand Borar vs. ITO) A.Y.– 2013-14 - 2 – 3. That the appellant craves liberty to add, amend and alter any ground of appeal before the final hearing.” 3. The assessee filed return of income for A.Y. 2013-14 on 27.09.2013 declaring total income of Rs.21,57,210/-. As per the information available with the Income Tax Department, the assessee claimed bogus deduction of Rs.16,83,123/- by computing long term capital gain on sale of immovable property. The AO observed that the assessee invested amount of Rs.96 Lakhs in time deposits during F.Y. 2012-13 source of which is not known. The case was reopened under Section 147 of the Act and reasons were provided to the assessee. Statutory notices were issued to the assessee and the same was served. The assessee failed to respond to the notices and, therefore, the AO passed assessment order under Section 144 of the Act and made addition of Rs. 16,83,123/- thereby disallowing the cost of improvement and brokerage expenses on account of cost on transport. 4. Being aggrieved by the assessment order, the assessee filed appeal before the CIT(A). The CIT(A) dismissed the appeal of the assessee. 5. The ld. AR submitted that the assessee has not received the notices either before the AO as well as before the CIT(A). Therefore, the ld. AR submitted that the matter may be remanded back to the file of the ld. AO for proper adjudication and allow the assessee to file the requisite evidences. The ld. AR further submitted that there is a delay of 60 days in filing the present
ITA No. 33/Ahd/2024 (Shantichand Balchand Borar vs. ITO) A.Y.– 2013-14 - 3 – appeal. The same should be condoned as the assessee is above 80 years and was not aware about the Faceless Scheme.
The ld. DR relied upon the assessment order and the order of the ld. CIT(A).
Heard both the parties and perused the relevant materials available on record. The delay appears to be genuine as stated in the affidavit of the assessee and, therefore, the delay is condoned. As regards the assessment order and the order of the ld. CIT(A), both the orders are silent on the service of statutory notices served upon the assessee. The AO has not given sufficient opportunity to the assessee and, therefore, it will be appropriate to remand back this matter to the file of the ld. AO thereby taking on record the details/evidences which will be filed by the assessee before the AO and thereafter after verifying the same, adjudicate the issues as per Income Tax Statute. Needless to say, the assessee be given opportunity of hearing by following principles of natural justice.
In the result, appeal of the assessee is partly allowed for statistical purposes.
This Order pronounced on 24/04/2024 Sd/- (SUCHITRA RAGHUNATH KAMBLE) JUDICIAL MEMBER Ahmedabad; Dated 24/04/2024 S. K. SINHA True Copy आदेश क� ��त�ल�प अ�े�षत/Copy of the Order forwarded to : 1. अपीलाथ� / The Appellant 2. ��यथ� / The Respondent.
ITA No. 33/Ahd/2024 (Shantichand Balchand Borar vs. ITO) A.Y.– 2013-14 - 4 – 3. संबं�धत आयकर आयु�त / Concerned CIT 4. आयकर आयु�त(अपील) / The CIT(A)- 5. �वभागीय ��त�न�ध, आयकर अपील�य अ�धकरण, अहमदाबाद / DR, ITAT, Ahmedabad 6. गाड� फाईल / Guard file. आदेशानुसार/ BY ORDER,
उप/सहायक पंजीकार (Dy./Asstt. Registrar) आयकर अपील�य अ�धकरण, अहमदाबाद / ITAT, Ahmedabad
