SAGAR AGARWAL ,SATNA vs. INCOME TAX OFFICER WARD-1, SATNA
What did the Tribunal hold?
The Tribunal condoned the delay in filing the appeal. It held that the issue of cash deposits needed to be examined in conjunction with the assessee's books of account and business transactions, especially since the books were not rejected. The matter was restored to the CIT(A) for fresh examination.
What were the facts?
The assessee's appeal was delayed by over 500 days due to not receiving the CIT(A) order and not regularly checking the ITBA portal. The CIT(A) had partially confirmed an addition of Rs. 9,29,000/- on account of cash deposits during demonetization, made by the AO.
What were the issues?
Whether the addition on account of cash deposits during demonetization is justified without proper verification of the assessee's books of account and business transactions. Whether the assessee was afforded adequate opportunity to rebut material relied upon by the appellate authority.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, JABALPUR BENCH “SMC”, JABALPUR
Before: SHRI KUL BHARAT
PER KUL BHARAT, VICE PRESIDENT.:
This appeal, by the assessee, is directed against the order of the Learned Commissioner of Income-tax (Appeals)/National Faceless Appeal Centre (NFAC) dated 18.12.2023 pertaining to the assessment year 2017-18. The assessee has raised the following grounds of appeal: -
“1. On the facts and circumstances of the case ld CIT (A) erred in not referring remand report of AO to assessee which was subject to rejoinder by assessee so as to put his contention accordingly the CIT(A) order is bad in law in lieu of natural justice and accordingly may kindly be quashed.
On the facts and in circumstances of the case, and also in law,
The order continues below.
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