Ghanshyam Lalwani vs. ITO Ward -43(4), Kolkata

Parties Involved

Facts Summary

The assessee, Ghanshyam Lalwani, filed an appeal against an order passed by the Commissioner of Income Tax, National Faceless Appeal Centre (NFAC), Delhi, dated 27.03.2024, arising out of an Assessment Order dated 30.03.2016. The assessee raised several grounds of appeal, including the justification of an ex-parte order, the correctness of additions made to the gross profit, the correctness of income statement, the addition of unexplained cash deposits, and the allowance of a deduction under Chapter VIA. The assessee argued that the order was passed without proper representation due to non-compliance with notices. The Department, on the other hand, argued that ample opportunities were given to the assessee. The Tribunal found the order to be ex-parte and remanded the case back to the Commissioner of Income Tax for re-examination after giving the assessee a reasonable opportunity to be heard.…

Legal Issues

• 1. Justification of ex-parte order
• 2. Correctness of additions to gross profit
• 3. Correctness of income statement
• 4. Addition of unexplained cash deposits
• 5. Allowance of deduction under Chapter VIA

Judgment Outcome

Decided in favour of Assessee.

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