M/S. NUCLEUS FINCONS PVT LTD ,MUMBAI vs. ITO WARD 15(2)(2), MUMBAI
In the result, the Assessee’s appeal is allowed for statistical purposes
ITA 5025/MUM/2025[2012-13]Status: DisposedITAT Mumbai21 Jan 2026AY 2012-13
Bench: Shri Narender Kumar Choudhryassessment Year: 2012-13 M/S. Nucleus Fincons Pvt. Ito 15(2) (2), Ltd. Aaykar Bhavan, M.K. Road, (Since Strike Off By Roc From Mumbai – 400020. 24/02/2017 Through Erstwhile Director, Kishore Patki), Vs. 503, Ankita Apartments, Opp. Gymkhana, Navghar Road, Mulund, Mumbai – 400081. Pan – Aabc6734A (Appellant) (Respondent) Present For: Assessee By : Shri Nishit Gandhi, Ld. A.R. Revenue By : Shri A.M.K. Mahadevan, Sr. D.R. Date Of Hearing : 20.11.2025 Date Of Pronouncement : 21.01.2026 O R D E R Per : Narender Kumar Choudhry: This Appeal Has Been Preferred By The Assessee Against The Order Dated 22.09.2023, Impugned Herein, Passed By The National Faceless Appeal Centre (Nfac)/Ld. Commissioner Of Income Tax (Appeals) (In Short Ld. Commissioner) U/S 250 Of The Income Tax Act, 1961 (In Short ‘The Act’) For The A.Y. 2012-13. 2. In The Instant Case, The Ao Vide Assessment Order Dated 27.11.2019 Under Section 147 R.W.S. 147 Of The Act Has Made The Additions Of Rs.7,00,000,/- & Rs.19,88,290/- Respectively As Unexplained Income Under Section 68 Of The Act & Estimation Of Income @ 1 + 1 % Of Rs.9,94,14,500/- On Credit & Debit Side. 2 M/S. Nucleus Fincons Pvt. Ltd
For Appellant: Shri Nishit Gandhi, Ld. A.RFor Respondent: Shri A.M.K. Mahadevan, Sr. D.R
Section 147Section 250Section 68
…liance and/or filed no submissions and documents. Therefore, in the constrained circumstances, the Ld. Commissioner decided the appeal of the assessee as ex-parte, while relying on the judgment of the Tribunal in the case of CIT Vs. Multiplan India Pvt. Ltd. [38 ITD 320 (Delhi)] but not on the merits of the case and thus, the impugned order is liable to be set aside, specifically in view of the judgment passed by the jurisdictional High Court in the case Commissioner of Income Tax Vs. Premkumar Arjundas (HUF) ITA No.2336 of 2013 dated 25.04.2016 (2017) 297 CTR (Bom.) 614, wherein the Hon'ble High Court has held a…