MOHAMMED FIROZ YASIN,THANE vs. INCOME-TAX OFFICER, WARD 19(2)(5), MUMBAI, MUMBAI

In the instant case, the Assessing Officer, vide assessment order dated 16.12.2019 passed u/s 144 r.w.s. 147 of the Act, made an addition of Rs.19,14,439/- as unexplained money and deemed income u/s 69A of the Act. The said addition was made in respect of the deposit of Rs.19,14,439/-, as the Assessee failed to furnish the relevant details and supporting documents despite being afforded reasonable opportunities of being heard by the Assessing Officer.

The Assessee challenged the aforesaid addition as well as the assessment order before the Ld. Commissioner. The Assessee claimed the status of a Non-Resident Indian and sought to explain the source of the deposit. However, the Ld. Commissioner observed that the Assessee failed to furnish conclusive supporting evidence, such as employment contracts, salary certificates, bank loan sanction letters and complete bank statements, and consequently affirmed the addition as well as the assessment order.

Thus, the Assessee being aggrieved has preferred the instant appeal.

We have heard the parties, perused the material available on record and considered the rival submissions. We observe that some of the documents forming part of the paper book were already filed before the authorities below, whereas certain documents have been filed for the first time before this Tribunal. Therefore, the said documents require examination and verification by the Jurisdictional Assessing Officer. The Ld. DR also fairly suggests the same course of action.

Thus, considering the peculiar facts and circumstances in totality, we deem it appropriate to grant one more opportunity to the Assessee to substantiate its claim before the Jurisdictional Assessing Officer.

Accordingly, the case is remanded to the Jurisdictional Assessing Officer with a direction to consider and verify the documents filed or to be filed by the Assessee and thereafter determine the tax liability in accordance with law, after affording a reasonable opportunity of being heard to the Assessee.

The Assessee is also directed to fully cooperate in the proceedings and furnish the requisite documents without any delay or default. We clarify that, in case of any subsequent default, the Assessee shall not be entitled to claim any further leniency.

In the result, the Assessee’s appeal is allowed for statistical purposes.