SHRI. K. S DUSHYANTH (HUF),BANGALORE vs. INCOME TAX DEPARTMENT, WARD-4(3)(1), BANGALORE
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Income Tax Appellate Tribunal, “C” BENCH : BANGALORE
Before: SHRI MAHAVIR SINGH & SHRI CHANDRA POOJARI
Per Chandra Poojari, Accountant Member This appeal by the assessee is directed against the order of CIT(Appeals), National Faceless Appeal Centre, Delhi [NFAC] dated 28.02.203 for the assessment year 2017-18.
The assessee has raised grounds with regard to sustaining the addition of Rs.11,99,000 made by the AO u/s. 69A of the Act.
The facts of the case are that the AO made an addition u/s. 69A of Rs.11,99,000 on the reason that the assessee has deposited the said amount in cash to its bank account in Bank of Baroda during the
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demonetisation period and the assessee has not furnished the source of such deposits.
On appeal, the CIT(Appeals) gave opportunity of hearings to the assessee as follows :-
S.No. Date of Compliance Remarks Notice sent Date 1. 14.3.2020 19.03.2020 No response from the appellant. 2. 07.01.2021 19.01.2021 No response from the appellant. 3. 25.11.2021 17.12.2021 No response from the appellant. 4. 24.08.2022 08.09.2022 No response from the appellant. 5. 09.02.2023 17.02.2023 No response from the appellant.
There was no response from the assessee. The CIT(Appeals) having no option, confirmed the order of the AO and dismissed the appeal of the assessee. Against this, the assessee is in appeal before us.
Before us, the ld. Counsel for assessee pleaded an opportunity of hearing to present the assessee’s case so as to explain the source of such deposits. In the interest of justice, acceding to the request of the ld. Counsel for the assessee, we remit the entire issue in dispute to the AO for fresh consideration and to decide the same after giving opportunity of being heard to the assessee.
In the result, the appeal of the assessee is partly allowed.
Pronounced in the open court on this 24th day of May, 2023.
Sd/- Sd/- ( MAHAVIR SINGH ) ( CHANDRA POOJARI ) VICE PRESIDENT ACCOUNTANT MEMBER Bangalore, Dated, the 24th May, 2023. /Desai S Murthy /
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Copy to:
Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR, ITAT, Bangalore. By order
Assistant Registrar ITAT, Bangalore.
