ACIT v. Baldev Raj Charla

Shri Bhavesh Bhuva, Surat vs. Income Tax Officer, Ward - 3(3)(1), Surat

In the result, ground No. 2(i) of the appeal is allowed

Bench: Shri Pawan Singhआ.अ.सं./Ita No.235/Srt/2022 (Ay 2012-13) (Hearing In Physical Court) Bhavesh Bhuva Income Tax Officer, C-51, Khodiyar Nagar Ward-3(3)(1), Surat, Income Vs Society, Nr. Chikoo Tax Office, Aaykar Bhavan, Wadi, Nana Varachha, Anavil Business Centre, Surat-395006 Hazira Road, Adajan, Pan No: Antpb 8989 P Surat-395007 अपीलाथ"/Appellant ""यथ" /Respondent "नधा"रती क" ओर से /Assessee By Ms. Chaitali Shah, Ca राज"व क" ओर से /Revenue By Shri Vinod Kumar, Sr-Dr सुनवाई की तारीख/Date Of Hearing 25.05.2023 उ"घोषणा क" तार"ख/Date Of 29.05.2023 Pronouncement Order Under Section 254(1) Of Income Tax Act Per Pawan Singh: 1. This Appeal By Assessee Is Directed Against The Order Of National Faceless Appeal Centre, Delhi [For Short To As “Nfac/Ld. Cit(A)”] Dated 10.06.2022 For Assessment Year 2012-13, Which In Turn Arises From The Addition Made By The Income Tax Officer, Ward-3(3)(1), Surat / Assessing Officer In Assessment Order Passed Under Section 143(3) R.W.S.147 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Dated 26.11.2019. The Assessee Has Raised The Following Grounds Of Appeal:- Bhavesh Bhuva “1. On The Facts & Circumstances Of The Case, The Learned Cit(A), Nfac Has Grossly Erred In Passing The Impugned Appellate Order On An Ex-Parte Basis, By Erroneously Holding That The Appellant Is Not Interested In Pursuing The Appeal, When The Fact Is That The Appellant Has Made Detailed Submissions In Form No.35 Itself, Which Ought To Have Been Considered By The Learned Cit(A), Nfac While Passing The Impugned Order. Therefore, The Appellate Order Of The Learned Cit(A), Nfac Being Passed On An Ex-Parte Basis, Needs To Be Quashed As Being Erroneous, Illegal & Bad-In-Law.

…section 69A of the Act is not applicable on the facts of the present case. To support of her submissions, the ld AR for the assessee relied on the 8 Bhavesh Bhuva decisions in S R Venkata Vs CIT (1980) 48 CCH 0619 (Ker HC), ACIT Vs Baldev Raj Charia & other 121 TTJ 366 (Delhi), Om Prakash Nahar Vs ITO 135 taxmann.com 377 (Delhi) and CIT Vs Trupati Construction Co. 55 taxmann.com 308 (Guj) and PCIT Vs Inderjeet Tomar Tax Appeal No. 908 of 2015 (Delhi). 9. On the other hand, Ld. Sr-DR for the Revenue supported the order of lower authorities and submits that before re- opening assessment Assessing Officer issued n…

Smt Krishna Agarwal, Pali vs. ITO Ward-1, Pali

In the result, the appeal filed by the assessee is allowed

…and supporting material, the addition made under section 68 of the Act cannot be sustained. Accordingly, I delete the addition made by the Assessing Officer. This ground is allowed.” e) ITAT, Delhi Bench in the case of ACIT v/s Baldev Raj Charla reported in 121 TTJ 366 held as under: “Income from undisclosed sources- Addition under s. 69- Cash deposits – There being no material with IT authorities to show 11 Smt. Krishna Agarwal vs. ITO that the amounts of cash deposits in question, admittedly withdrawn from bank and assessee’s concern, were utilized for any other purpose, no addition could be made only on the…