Vijaysingh Manusingh Rathore vs. The ITO, Ward-2(1)(1) Ahmedabad

Parties Involved

Facts Summary

The Assessing Officer (AO) issued a notice under section 148 and multiple notices under section 142(1) to the assessee, Vijaysingh Manusingh Rathore, for not filing the return of income for the Assessment Year 2011-12. Despite the notices, no return or reply was filed, leading the AO to complete the assessment ex parte under section 144 r.w.s. 147 of the Income Tax Act, 1961. The AO made several additions to the assessee's income, including unexplained cash deposits, credit card payments, interest income, and penny stock transactions. The assessee appealed to the Commissioner of Income Tax (Appeals), but the appeal was decided ex parte, confirming the additions made by the AO. The assessee further appealed to the Income Tax Appellate Tribunal.…

Legal Issues

• 1. The CIT(A) erred in passing an ex-parte order confirming the additions made by the AO.
• 2. The CIT(A) did not adjudicate the ground challenging the reopening of assessment u/s 147.
• 3. The CIT(A) confirmed the addition of Rs.3,06,000/- u/s 68 in respect of cash deposits in bank account.
• 4. The CIT(A) confirmed the addition of Rs. 14,80,636/- u/s 69C in respect of credit card expenses.
• 5. The CIT(A) did not adjudicate the ground w.r.t. addition of Rs.32,16,405/- made u/s 68 in respect of trading of shares.
• 6. The CIT(A) confirmed the addition of Rs.1,65,447/- in respect of interest income from Kotak Mahindra Bank.

Judgment Outcome

Decided in favour of Partly Assessee / Partly Revenue.

Precedents Relied Upon

Similar Judgements

• Goldmohur Design And Apparel Park Limited Vs. DCIT – Circle 7(1)(1)

  Mumbai benchAY 2018-19Allowed

• Dhairya Jyotish Dandwala vs The ITO, Ward-5(2)(2), Ahmedabad

  Ahmedabad bench

• Vishal Bhutani v. ACIT, Central Circle-3 & ITO, Ward-1

  Delhi Bench benchAY 2019-20Partly Allowed

• Prem Prakash vs. Income Tax Officer

  Delhi Bench benchAY 2017-18Partly Allowed

• M/s. Mahalakshmi Saw Mills Vs. The Income Tax Officer

  SMC-‘C’ Bench, Bangalore benchAY 2015-16Allowed

• Aunali Akbarali Rupani v/s. Dy. Commissioner of Income Tax, Circle – 4(1)(1), Range 441, Aayakar Bhavan, Mumbai

  Mumbai Bench benchAY 2012-13Allowed