BIMAL DEVNATH,PAKHANJORE,PAKHANJORE vs. INCOME TAX OFFICER, JAGDALPUR,, JAGDALPUR,

The Ld. AR submitted that the assessee had filed elaborate submission before the Ld. CIT(A) contenting 7 Annexures. Ld. AR took us through e-acknowledgment to demonstrate the documents filed by the assessee before the Ld. CIT(A). Copies of e-acknowledgment are at page No. 35-36 of the paper book. Ld. AR further submitted that, however Ld. CIT(A) has not considered the elaborate submission including the 7 Annexures. Ld. CIT(A) has passed an order without considering the submission of the assessee.

Ld. DR relied on the order of the Ld. AO and Ld. CIT(A).

We have heard both parties and perused the records. In this case, Ld. CIT(A) has merely stated that the assessee failed to file explanation. The relevant paragraph No. 2.1 of the Ld. CIT(A) is reproduced here as under: “2.1. The assessee has made cash deposits amounting to Rs. 2,11,02,000/- in State Bank of India in the F.Y. 2018-19 relevant to A.Y. 2019-20 which remains unexplained. The assessee has not filed his ITR in response to notice u/s 148 of the Act, nor declared his true income and has not paid taxes due thereon. The assessee has not responded to notices u/s 142(1) and show cause notice during assessment proceedings. The assessee has failed to give any explanation about the nature and source of cash deposits, hence the value of entries of Cash deposits in F.Y. 2018-19 appearing in State Bank of India is deemed as unexplained money u/s 69A of the Income Tax Act, 1961 and added to the Total Income of the assessee. Thus, an addition of Rs.2,11,02,000/- is made to the total income of the assessee on account of unexplained money and tax is to be calculated as per the provision of u/s 115BBE of the Income Tax Act. The addition of Rs.2,11,02,000/- u/s 69A of the Income-tax Act, 1961 is confirmed.”

Thus, it can be seen that Ld. CIT(A) confirmed the addition without discussing the elaborate submission filed by the assesse.

In these facts and circumstances of the case and in the interest of justice, we set aside the order of Ld. CIT(A) to Ld. CIT(A) for denovo adjudication. The assessee shall file all the details before the Ld. CIT(A). Ld. CIT(A) shall provide proper opportunity of hearing to the assessee and also consider the details filed before him. Accordingly, the appeal of the assessee is allowed for statistical purposes.

In the result, appeal of the assessee is allowed for statistical purposes.