Khimji Lakhamshi Shah vs Income Tax Officer, Ward 30(1)(1), Mumbai

Parties Involved

Facts Summary

The appellant, Khimji Lakhamshi Shah, filed two appeals (ITA No. 4454/Mum/2025 for AY 2013-14 and ITA No. 4455/Mum/2025 for AY 2016-17) against the orders of the NFAC Delhi and the Learned Income Tax Officer, Ward 30(2)(1), Mumbai. For AY 2013-14, the assessee’s case was selected for scrutiny, and additions were made under section 68 of the Income-tax Act, 1961. The assessee filed an appeal before the Ld. CIT(A), which was rejected ex parte. For AY 2016-17, the assessee took a cash loan of Rs. 72,00,000/- but failed to furnish requisite details and evidence, leading to an ex parte addition by the Ld. AO. The Ld. CIT(A) also upheld this addition ex parte.…

Legal Issues

• 1. Condonation of delay in filing the appeal for AY 2013-14.
• 2. Restoration of the matter to the file of Ld. CIT(A) for fresh adjudication for AY 2013-14.
• 3. Restoration of the matter to the file of Ld. AO for fresh adjudication for AY 2016-17.

Judgment Outcome

Decided in favour of Assessee.

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