RAJU SAHA,BARASAT, TWENTY FOUR PARGANAS NORTH vs. DCIT/ACIT, CIRCLE - 61,, KOLKATA

Facts in brief are that the appellant-assessee made substantial financial transactions in the form of receipt of salary income i.e. amounting to Rs.63,81,187/- received from Reliance Telecom Ltd., Ticker Plant Ltd., Vodafone Mobuile Ltd. and Dishnet Wireless Ltd., which is above the basic exemption chargeable to tax as salaried employee. On the basis of above information, notice under section 148A(b) of the Income Tax Act with prior approval of ld. PCIT-18, Kolkata, issued to the assessee along with the relevant information on 20.03.2022 requesting to show-cause as to why notice under section 148 should not be issued to him. In response, the assessee did not file any submission. It is clear that the assessee failed to disclose the material or fact fully and truly necessary for assessment of the relevant assessment year. There was a tangible material on record that the income of the assessee to the tune of Rs.63,81,137/- for AY 2018-19 has escaped assessment within the meaning of section 147 of the Income Tax Act. Accordingly notice under section 148 of the Act was issued to the assesssee after issuance of order under section 148A(d) of the (A.Y. 2018-2019) Raju Saha Act with the prior approval of the specified authority, but the assessee did not make any compliance. As the assessee did not furnish any information, the assessee was again requested to furnish the requisite information by way of issuance of another notice under section 142(1) of the Act dated 16.01.2023, But the assessee failed to furnish the details as called for. Finally show- cause notice under section 144 of the Act was issued to the assessee, but the assessee failed to furnish any response. As per Form 16 filed by the assessee, gross salary of the assessee during FY 2017-18 is Rs.218,07,893/-. The assessee has been allowed exemption of Rs.2,34,913/- and Rs.3,00,000/- u/s. 10 on account of HRA and Leave Salary exemption respectively. Further an amount of Rs.1,07,445/- has been reduced u/s 80C on account of EPF contribution and net taxable income determined at Rs.21,63,740/- on which TDS of Rs.4,75,471/-. Further as per Form 26AS, it is seen that the asessee received an amount of Rs.1,08,447/- and Rs.8,11,180/- from M/s. Reliance Telecom Ltd. employees’ superannuation scheme and Tickerplant Ltd. on which TDS of Rs.26,410/- and Rs.64,528/- has been deducted u/s 192 of the Act. As per annual summary of the assessee, the assessee received an amount of Rs.1,08,447/- and Rs.8,11,180/-, which is taxable amount of current employer. Since the assessee did not furnish any reply to the queries as called from time to time, the ld. Assessing Officer added Rs.30,83,367/- to the total income of the assssee and penalty proceedings u/s 270A of the Income Tax Act were initiated for under-reporting of income to the tune of Rs.30,83,367/-.

I have heard both the sides and perused the material available on record. By considering the totality of the facts and circumstances of the case, I condone the delay and remit the matter back to the file of ld. Assessing Officer to examine the details filed by the assessee. I find that the ld. Assessing Officer has not given any reason for the disallowance, though the assessee is a salaried employee. Therefore, in order to ensure the principle of natural justice, I am of the view that it is a fit case to provide one more opportunity to the assessee. Therefore, the ld. Assessing Officer is directed to examine these issues and pass a speaking order. At the same breath, I also hereby caution the assessee to promptly co-operate with the proceedings before the ld. Assessing Officer failing which the ld. Assessing Officer shall be at liberty to pass appropriate order in accordance with law and merits of the case, based on the materials available on the record. Thus, the grounds raised