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Kantilal Vajabhai Gada vs. Assistant Commissioner of Income Tax, Circle 1, Kalyan

Case No: ITA No. 3972/MUM/2024
Court: Income Tax Appellate Tribunal 'E' Bench Mumbai
Date: 26 Sept 2024

Parties Involved

appellantKantilal Vajabhai Gada
respondentAssistant Commissioner of Income Tax, Circle 1, Kalyan

Facts Summary

The assessee, Kantilal Vajabhai Gada, filed an appeal against the reassessment order passed by the Assistant Commissioner of Income Tax, Circle 1, Kalyan, for the Assessment Year 2012-13. The appeal was filed against the order of the Commissioner of Income Tax (Appeals) at the National Faceless Appeal Centre (NFAC), Delhi, dated 10.06.2024. The assessee challenged the reassessment proceedings and the addition of Rs.95,00,000/- made under Section 69 of the Income-tax Act. The assessee's counsel pleaded for the remission of the matter back to the file of the Commissioner of Income Tax (Appeals) for a de novo adjudication, citing the assessee's inability to furnish the required explanations and evidences due to being a senior citizen. The Tribunal, considering the prayer and assurance given by the assessee, decided to remit the matter back to the file of the Commissioner of Income Tax (Appeals) for a fresh adjudication. The appeal was allowed for statistical purposes.

Decision in favour of

Assessee

Legal Issues

  • 1. Challenge to the reassessment order and addition of Rs.95,00,000/- made under Section 69 of the Income-tax Act.

Judgment Outcome

Decided in favour of Assessee.

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Kantilal Vajabhai Gada vs. Assistant Commissioner of Income Tax, Circle 1, Kalyan | ITA No. 3972/MUM/2024 | 2… | Opakhya