MR. BINAY KUMAR BEHERA,KEONJHAR vs. ITO, KEONJHAR WARD, KEONJHAR, KEONJHAR

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ITA 226/CTK/2024Status: HeardITAT Cuttack15 July 2024AY 2017-183 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal restored the issues to the file of the AO for readjudication, granting the assessee adequate opportunities to substantiate its claim. The assessee was directed to cooperate in the readjudication proceedings.

What were the facts?

The assessee, a society registered u/s.12AA, filed its return disclosing a total income. The case was selected for limited scrutiny due to high-value cash deposits. The AO found no cash withdrawals and no books of account were filed to substantiate claims.

What were the issues?

Whether the AO was justified in estimating net profit and adding it as undisclosed income without proper substantiation from the assessee, and whether the assessee was provided adequate opportunity to present its case.

Which sections of the Income-tax Act were involved?

Section 12AA

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “SMC” BENCH CUTTACK

Before: SHRI GEORGE MATHAN

Hearing: 15/07/2024Pronounced: 15/07/2024

O R D E R This is an appeal filed by the assessee against the order of the ld Addl./JCIT(A)-2, Office of the Commissioner of Income Tax, Surat dated 19.03.2024 in DIN & Order No.ITBA/APL/S/250/2023-24/1062919480(1) for the assessment year 2017-2018.

2.

None appeared on behalf of the assessee. Shri S.C.Mohanty, Sr. DR appeared on behalf of the revenue.

3.

On perusal of the assessment order, we found that the assessee is a society which has been granted registration u/s.12AA of the Act. It was the submission that the assessee filed its return on 19.09.2018 disclosing total income at Rs.2,47,030/-. Subsequently the case of the assessee selected for limited scrutiny through CASS on reason that “high value cash deposit reported during the year”. A perusal of the para 2 assessment order, shows that the AO, on verification of the bank account of the assessee, found that the assessee deposited cash in the account but debited the amount through cheque to his vendor and there was no cash withdrawal during the year. It was also noted by the AO that the assessee did not file any books of account to substantiate its claim. Since, there was no compliance made by the assessee upto the completion of assessment, therefore, the AO completed the assessment estimating the net profit of the assessee @8% and added the same to the total income of the assessee treating the same as undisclosed income. Further on perusal of the order of the ld. CIT(A), clearly shows that notices were issued to the assessee by the ld. CIT(A), however, no compliance has been made by the assessee during the appellate proceedings. As no compliance has been made before either of the authorities below, therefore, in the interest of justice, the issues in this appeal are restored to the file of the ld. AO for readjudication after granting the assessee adequate opportunities to substantiate its claim. The assessee is directed to cooperate in the readjudication proceedings before the AO, positively.

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