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Shri Dinesh Narayan Shetty Vs. The Income Tax Officer

Case No: ITA No. 2138/Bang/2024
Court: Income Tax Appellate Tribunal, SMC-‘A’ Bench, Bangalore
Date: 1/16/2025

Parties Involved

appellantShri Dinesh Narayan Shetty
respondentThe Income Tax Officer

Facts Summary

This is an appeal filed by the assessee, Shri Dinesh Narayan Shetty, challenging the order of the NFAC, Delhi dated 25/10/2024 in respect of the Assessment Year 2017-18. The assessee contends that the assessment order was made ex-parte under section 144 of the Act because he did not receive the notices. He argues that the addition of Rs. 29,88,000/- as unexplained money under section 69A of the Act is incorrect and not based on any material records. The assessee submitted various documents on 24/07/2024, including an application for admission of additional evidence under Rule 46A of the IT Rules, 1962, which were not considered by the CIT(A).

Decision in favour of

Assessee

Legal Issues

  • 1. Whether the orders of the authorities below are opposed to law, equity, weight of evidence, probabilities, facts, and circumstances of the case.
  • 2. Whether the CIT(A) erred in disposing off the appeal without considering the detailed written submissions and additional evidence furnished by the assessee.
  • 3. Whether the assessee was given an effective opportunity during the assessment proceedings.
  • 4. Whether the addition of Rs. 29,88,000/- as unexplained money under section 69A of the Act is justified.
  • 5. Whether the invocation of section 11566E and taxing the addition at 60% is justified.
  • 6. Whether the assessee is liable to be charged interest under section 234-A of the Act.

Judgment Outcome

Decided in favour of Assessee.

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Shri Dinesh Narayan Shetty Vs. The Income Tax Officer | ITA No. 2138/Bang/2024 | 2025 | Opakhya