Abhijit Pandharinath Sawant L/H – Varsha Abhijit Sawant vs. ACIT, Ahmednagar Circle, Ahmednagar

Parties Involved

Facts Summary

The assessee, Abhijit Pandharinath Sawant, had filed his original return of income on 13.12.2016 declaring total income of Rs.2,08,640/-. Based on information that the assessee had invested Rs.4,14,33,300/- in the shares of a company called M/s. Sawant Transport Pvt. Ltd., his case was reopened as per provisions of section 147 of the Income Tax Act, 1961. Notice u/s 148 of the Act was issued to the assessee. However, no return was filed by the assessee. The Assessing Officer issued a letter to the assessee, in response to which the wife of the assessee filed a letter stating that her husband Shri Abhijit Pandharinath Sawant had expired on 06.09.2018. The Assessing Officer thereafter issued a letter to the wife of the assessee to file the return. However, no return was filed in response to the same. Since the case was getting time barred, the Assessing Officer completed the assessment u/s 144 of the Act making addition of Rs.4,14,33,300/- to the income of the assessee by invoking the provisions of section 69 of the Act. In absence of any compliance before the CIT(A) / NFAC, the CIT(A) / NFAC in the ex-parte order passed by him confirmed the addition made by the Assessing Officer.…

Legal Issues

• 1. Whether the addition made by the Assessing Officer u/s 69 of the Income Tax Act, 1961 is justified?
• 2. Whether the assessee should be given an opportunity to substantiate her case?

Judgment Outcome

Decided in favour of Assessee.

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