SHRI RAGHU RAJ CHETHLEY,MOGA vs. INCOME TAX OFFICER, WARD 2, MOGA

ITA 645/ASR/2018Status: DisposedITAT Amritsar20 March 2019AY 2011-1211 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that the CIT(A)'s observation of non-appearance and non-filing of submissions was contrary to the record. Therefore, the case was remanded back to the CIT(A) for a fresh decision.

What were the facts?

The assessee claimed to have received Rs. 50 lacs as earnest money in cash for a property sale, out of which Rs. 36 lacs was deposited in his wife's account. The Assessing Officer added Rs. 50 lacs to the assessee's income as unexplained cash credit, which was upheld by the CIT(A) in an ex-parte order.

What were the issues?

Whether the CIT(A) erred in passing an ex-parte order without properly considering the assessee's submissions and appearances, and whether the addition made by the AO was justified.

Which sections of the Income-tax Act were involved?

Section 147,Section 143(3),Section 68,Section 250(6)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, AMRITSAR BENCH, AMRITSAR

Before: SH. N.S.SAINI & SH. N.K.CHOUDHRY

For Respondent: Smt. Ratinder Kaur (Ld. DR)
Hearing: 20.02.2019Pronounced: 22.03.2019

PER N.K.CHOUDHRY, JM: The instant appeal has been preferred by the Assessee (hereinafter called as Appellant) against the order dated 24.10.2018 impugned herein, passed by the Ld. CIT(A)-3, Ludhiana u/s 250(6) of the Income Tax Act, 1961 (hereinafter called as ‘the Act’) whereby the Ld. CIT(A) upheld the assessment order passed u/s 147/143(3) of the Act.

2.

The Appellant has raised the following grounds of appeal.

ITA No.645 /Asr/2018 (A.Y.2011-12) 2 S.A No.02(Asr)/2019 Raghu Raj Chethley

The order continues below.

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