DEVABHAI MEPABHAI MER,BHAVNAGAR vs. THE ITO, WARD-1(1), BHAVNAGAR

Learned CIT(A) has erred in law and on fact of the case in passing the impugned order ex parte. Asst. Year : 2017-18 - 2–

Learned CIT(A) has erred in law and on facts in confirming the action of Ld.AO in making an addition of Rs.65,90,141/- as unexplained cash deposit u/s.69A of the Act.

Learned CIT(A) has erred in law and on facts in confirming the action of AO in initiating penalty u/s.270A of the Act which is wholly unsustainable in law and on facts of the case.

On perusal of the records, it is observed that the assessee was afforded sufficient opportunities of hearing to furnish details, clarifications, and explanations to substantiate the source of cash deposits. However, assessee failed to furnish the substantial details or explanations before the Ld. CIT(A). Consequently, the Ld. CIT(A), based on the material available on record, upheld the action of the Assessing Officer and dismissed the appeal ex parte. We find that the assessee remained non compliant and failed to submit any details or supporting evidence in respect of unexplained money even before the Assessing Officer. During the course of hearing before us, the Ld. Counsel for the assessee prayed that, given an opportunity, due compliance will be made and would furnish all the necessary details, clarifications and explanations before the revenue authorities. Considering the totality of the facts and in the interest of justice, we deem it appropriate to remand the matter to the file of the Assessing Officer for conducting the assessment de novo. The assessee is directed to furnish all relevant documents, evidences, and bank details before the Revenue authorities and to comply with the notices issued by the Assessing Officer without seeking unnecessary adjournments Asst. Year : 2017-18 - 3–

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

अपीलाथŎ / The Appellant 2. ŮȑथŎ / The Respondent. 3. संबंिधतआयकरआयुƅ / Concerned CIT 4. आयकर आयुƅ(अपील) / The CIT(A)- 5. िवभागीय Ůितिनिध, आयकर अपीलीय अिधकरण, अहमदाबाद / DR, ITAT, Ahmedabad 6. गाडŊ फाईल / Guard file.