PRAMODA KUMAR BHUYAN,BHUBANESWAR vs. PR.CIT-1, BHUBANESWAR
What did the Tribunal hold?
The Tribunal held that for the first issue concerning cash deposits, the AO's estimation was erroneous as he failed to consider how the amount was treated in the assessee's profit and loss account. For the second issue regarding salary income, the Tribunal set aside the Pr.CIT's order, stating that it was outside the scope of limited scrutiny. The Pr.CIT's order on the estimation of cash deposit was upheld to the extent of Rs. 22,65,000/-.
What were the facts?
The assessee had large cash deposits in his bank account during demonetization. The Assessing Officer (AO) made an addition for unexplained investment in specified bank notes and treated the balance as trade receipt, estimating profit at 1%. The Principal CIT (Pr.CIT) invoked revisionary powers under Section 263, proposing to treat the entire balance as unexplained cash deposit and also raising an issue regarding salary income from a partnership firm.
What were the issues?
Whether the Pr.CIT correctly invoked Section 263 powers when the AO had already formed an opinion, and whether issues outside the scope of limited scrutiny can be considered in revision.
Which sections of the Income-tax Act were involved?
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- PCIT v. Shark Mines and Minerals (P.) Ltd.25 citing151 Taxmann.com 71 · 2023 · HC · Read judgment
Income Tax Appellate Tribunal, CUTTACK BENCH CUTTACK
Before: SHRI GEORGE MATHAN & SHRI RAJESH KUMAR
O R D E R Per Bench : This is an appeal filed by the assessee against the order of the ld. Pr.CIT, Bhubaneswar-1, dated 01.02.2022, passed in DIN & Letter No.ITBA/REV/F/REV5/2021-22/1039257956(1), for the assessment year 2017-2018.
It was submitted by the ld. AR that the original assessment in the case of the assessee was a limited scrutiny assessment on account of “Large cash deposits in the bank account(s) during the year”. It was also submitted that the original assessment came to be completed u/s.143(3) on 17.12.2019. It was the submission that the ld. Pr.CIT invoked his powers u/s.263 of the Act and issued show cause notice to the assessee in respect of two issues. It was the submission that the first issue was that during the course of assessment proceedings, it was found that there was Rs.58,58,484/- out of which the AO had made addition of Rs.20,68,000/- u/s.69 of the Act stating that the cash deposit in specified bank notes during the demonetization period are unexplained investment. Regarding the balance of Rs.37,90,484/-, the AO treated the same as assessee’s own trade receipt and estimated the net profit from such profit at 1%. It was the submission that the ld. Pr.CIT was of the view that the 1% was not required to be considered but the entire amount was liable to be treated as unexplained cash deposit of the assessee. It was further submitted that the second issue was in respect of the salary income from M/s Neelachal Filling Station and the assessee claimed that he was a partner but no salary and remuneration have been offered. It was the submission that in respect of the first issue, the ld. AO had already taken a view and had expressed his opinion and has brought to tax the income and estimated at 1%. It was the submission that in respect of second issue the AO could not have considered the issue insofar as it was a limited scrutiny and the issue of remuneration of salary from M/s Neelachal Filling Station was not an issue to which the ld. AO could have got into. It was the prayer that the order of the ld. Pr.CIT is liable to be quashed. In respect of first issue that the issue had already been considered and an opinion had already been formed by the AO and in respect of second issue there was a limited scrutiny and the AO could not have go beyond the such issue and in view of the decision of the Hon’ble Jurisdictional High Court in the case of Shark Mines & Minerals Pvt. Ltd., reported in [2023] 151 taxmann.com 71 (Orissa)[02-03-2023], in the case of limited scrutiny, ld. Pr.CIT could not treat the assessment order as erroneous on the issues which were not opened in the assessment proceedings.
In reply, ld.CIT-DR drew our attention to para 4.6 of the order of the AO, wherein the AO has categorically admitted that the assessee could not establish his claim with verifiable evidences such as books of accounts, return of income etc. from M/s Neelachal Filling Station, Chandikhol and, therefore, the AO’s treatment of Rs.37,90,484/- as the assessee’s own trade receipt was totally a wrong view. It was the submission that in respect of second issue in regard to the limited scrutiny and the salary and remuneration received from M/s Neelachal Filling Station, he relied upon the order of the ld. Pr.CIT.
We have considered the rival submissions. Admittedly, a perusal of the assessment order at para 4.6 clearly shows that the assessee has been unable to prove his partnership claim in respect of M/s Neelachal Filling Station. The assessee has also been unable to prove the source for Rs.37,90,484/- in his bank account. Thus, the action taken by the AO in estimating the income from such deposit is in fact, erroneous as the AO has not considered how this amount has been treated as income in the profit and loss account of the assessee, then obviously the same cannot be treated as receipt for estimation purposes. The AO has also failed to consider from where the assessee has received this money and for what purpose he has received it. In the absence of any explanation or proof, obviously it should have drawn the attention of the AO in regard to making the addition. Thus, it cannot be said that the AO has applied his mind or has formed his opinion on the issue.
More judgments on Section 263
- Gillette India Limited, Mumbai vs Principal Commissioner of Income Tax, JaipurITA 1316/JPR/2026[2018-19]Status: Disposed16 Oct 2026AY 2018-19
- Neo Structo Construction P. Ltd., Ahmedabad vs The Pr. CIT- 3, AhmedabadITA 1216/AHD/2026[2015-2016]Status: Disposed16 Oct 2026AY 2015-2016
- Vimal Harilal Baldania, Gandhidham vs The ITO Ward 2, GandhidhamITA 770/RJT/2025[2017-18]Status: Disposed15 Oct 2026AY 2017-18
- J.D. Marketing, Kolkata vs ITO, Ward 37(1), KolkataITA 1493/KOL/2026[2015-2016]Status: Disposed15 Oct 2026AY 2015-2016
- J.D. Marketing, Kolkata vs ITO, Ward 37(1), KolkataITA 1492/KOL/2026[2013-2014]Status: Disposed15 Oct 2026AY 2013-2014
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