MD. SHAHAB UDDIN,HOJAI vs. INCOME TAX OFFICER, WARD-2, NAGAON

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ITA 9/GTY/2022Status: DisposedITAT Guwahati15 March 2023AY 2015-163 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal set aside the CIT(A)'s order and restored the matter to the CIT(A)'s file. The assessee was granted an opportunity to present evidence regarding the source of foreign remittances and interest income.

What were the facts?

The Assessing Officer made additions for unexplained foreign remittances and interest income on bank deposits. The assessee claimed to be a Non-Resident Indian whose income was earned outside India.

What were the issues?

Whether the assessee, a claimed Non-Resident Indian, can be given an opportunity to furnish evidence for foreign remittances and interest income earned abroad.

Which sections of the Income-tax Act were involved?

Section 250

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “GUWAHATI ‘SMC’ BENCH, GAUHATI

Before: Shri Sanjay Garg

आदेश / ORDER The present appeal has been preferred by the assessee against the order dated 22.03.2019 of the National Faceless Appeal Centre [hereinafter referred to as ‘CIT(A)’] passed u/s 250 of the Income Tax Act (hereinafter referred to as the ‘Act’). 2. In this case, the Assessing Officer has made addition in respect of certain foreign remittance to the bank account of the assessee about the source of which the assessee could not explain before the Assessing Officer. The other addition is in respect of interest income earned by the assessee on such bank deposits.

1.

Assessment Year: 2015-16 Mohammod Shahab Uddin 3. At the outset, the ld. AR of the assessee has submitted that the assessee was a Non-Resident Indian during the relevant period, however, inadvertently the status of the assessee in the return of income was shown as that of a resident. The ld. counsel has further submitted that in fact the foreign remittance in the bank account of the assessee was out of income earned by the assessee outside India and further that interest earned on the deposits in the NRI’s bank account of the assessee was not liable to taxation. The ld. counsel has submitted that due to reasons beyond the control of the assessee, the assessee could not produce the relevant evidences to show that the aforesaid income was not any unaccounted income of the assessee, rather, it was out of the income earned by the assessee outside India which was deposited in the bank account of the assessee in India. The ld. counsel submitted that in the interest of justice, the assessee may be given an opportunity to present its case before the CIT(A) and to furnish necessary evidences in this respect.

4.

The ld. DR, on the other hand, has relied upon the findings of the lower authorities and has submitted that the assessee had failed to submit required details before the lower authorities.

5.

Considering the overall facts and circumstances of the case, in my view, the interest of justice will be well-served if the assessee is given an opportunity to present its case before the CIT(A). In view of this, the impugned order of the CIT(A) is set aside and the matter is restored to the file of the CIT(A) with a direction that the ld. CIT(A) will give proper opportunity to the assessee to produce relevant details and Assessment Year: 2015-16 Mohammod Shahab Uddin evidences, thereafter, the ld. CIT(A) will decide the issue afresh accordingly.

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