Sakina Ahmedali Kantavala, Ahmedabad vs. The Income Tax Officer, Ward-1(2)(4), Ahmedabad
In the result, the appeal of assessee is allowed
ITA 41/AHD/2024[2017-18]Status: DisposedITAT Ahmedabad28 May 2024AY 2017-18
Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokar, Accountnat Member Assessment Year : 2017-18 Sakina Ahmedali Kantavala The Income Tax Officer 122 Kutbi Mohalla 1/N Kalupur Vs Ward-1(2)(4) Darwaja Ahmedabad Kalupur Ahmedabad – 380 001 Gujarat Pan:Eqepk 9096 J अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri S.K. Sadhwani, Ar Revenue By : Shri N.J. Vyas, Sr.Dr सुनवाई क" तार"ख/Date Of Hearing : 16 /05/2024 घोषणा क" तार"ख /Date Of Pronouncement: 28 /05/2024 आदेश/O R D E R Per Makarand V. Mahadeokarthe Present Appeal Has Been Filed At The Instance Of The Assessee Against The Order Of The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi (Nfac) [Hereinafter Referred To As “The Cit(A)”] Dated 28.11.2023, Arising In The Matter Of Assessment Order Passed U/S 144 Of The Income Tax Act, 1961 (Hereinafter Referred To As "The Act") Relevant To The Assessment Year (Ay) 2017-2018. 2. Following Grounds Of Appeal Are Taken By The Assessee: Sakina Ahmedali Kantavala Vs. Ito Asst. Year : 2017-18
For Appellant: Shri S.K. Sadhwani, ARFor Respondent: Shri N.J. Vyas, Sr.DR
Section 142(1)Section 144Section 69A
…cheme of deeming fiction in section 69A of the Act inappropriately and invoked section 115BBE of the Act wrongly. The counsel for the assessee placed the reliance on the judgement of Hon’ble Gujarat High Court in case of Fakir Mohmed Haji Hasan Vs. CIT (2001) 247 ITR 290. g. The Ld.CIT(A) has not considered the fact that out of Rs.10,00,000/- deposited in The Ahmedabad Mercantile Co-op. Bank, Relief Road Branch A/c. No. 066002001008525, Rs.5,00,000/- were belonging to Shabbir Kantawala, brother of the assessee and Rs.4,00,000/- were belonging to Yousuf Kantawala, deceased brother of the assessee. h. While giving…