DEPUTY COMMISSIONER OF INCOME TAX, PATNA vs. PRABHA TIWARY, PATNA

The Revenue has challenged the order of ld. CIT (A) relating to the issue of cash deposit during the demonetization period of ₹2,22,04,000/- as made by the ld. AO u/s 69 of the Act.

The facts in brief are that the assessee filed return of income on 24.10.2017, declaring total income of ₹16,56,300/-. The assessee is running a petrol pump in the name of “M/s Tiwary Service Station”. The case of the assessee was selected for scrutiny assessment through Computer Assisted Scrutiny Selection (CASS) for the reason of cash deposits during the demonetization period. Accordingly, the notice u/s 143(2) was issued on 22.09.2018, which remained non- complied. Thereafter, notice u/s 142(1) of the Act was issued along with questionnaire and assessee furnished certain details before the ld. Assessing Officer in compliance thereto. Thereafter, the assessee remained non-compliant and finally, the assessment was framed u/s 144 of the Act by making addition of ₹2,22,04,000/- to the total income of the assessee on account of unexplained deposit u/s 69A of the Act.

Aggrieved, assessee preferred the appeal before the ld. CIT (A). In the appellate proceedings, the ld. CIT (A) allowed the appeal of the assessee by holding that the ld. AO has not rejected the books of accounts. Finally, the ld. CIT (A) has passed a very cryptic order allowing the appeal of the assessee.

Aggrieved by the order of ld. CIT (A), Revenue is in appeal before us. After hearing the rival contentions and perusing the material available

Since, we have restored the appeal of the Revenue to the file of the AO, the Cross Objection of the assessee in support of order of ld. CIT (A) becomes infructuous and hereby dismissed.

In the result, the appeal of the Revenue is allowed for statistical purpose and the CO of the assessee is dismissed.