Assessment Year: 2015-16
This case involves an appeal filed by Pawan Kumar Singhal against the order passed by the Commissioner of Income Tax (Appeals), Noida, concerning discrepancies in the long-term capital gains and unexplained cash credits and expenses reported in the assessment year 2015-16.
The appellant, Pawan Kumar Singhal, faced several additions by the Assessing Officer under Sections 68 and 69C of the Income Tax Act, which pertained to unexplained cash credits and expenses related to long-term capital gains. The appeal to the CIT(A) was dismissed on procedural grounds, prompting further appeal to the Income Tax Appellate Tribunal (ITAT).
Major issues in the appeal included the CIT(A)’s ex-parte decision without proper hearing, non-admission of the appeal due to alleged non-compliance with procedural requirements, and the substantive question of the additions made under Sections 68 and 69C. The appellant contended that the CIT(A) erred in dismissing the appeal without substantive examination of the merits and procedural irregularities.
The ITAT noted procedural lapses in the handling of the appeal by the CIT(A) and set aside the order, remanding the case for a fresh decision. The tribunal directed the CIT(A) to adjudicate the appeal afresh, ensuring compliance with the principles of natural justice and proper consideration of all submitted documents and arguments.
The decision highlighted the necessity for tax authorities to provide a fair hearing and thoroughly address all procedural and substantive issues raised by taxpayers. The case was remanded to ensure that the appellant’s grievances are addressed comprehensively, setting a precedent for how procedural fairness should intertwine with substantive tax law adjudications.
The order was pronounced in open court, underscoring the tribunal’s commitment to transparency and thorough judicial process.
ITA No. 1005/Del/2019 – Pawan Kumar Singhal vs. ACIT, Circle-2, Ghaziabad
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