Facts
The assessee failed to furnish details to the Assessing Officer regarding a cash deposit of Rs. 1,23,98,885/-, leading to an addition. Subsequently, the assessee did not appear before the CIT(A), resulting in an ex-parte appellate order.
Held
The Tribunal restored the case to the Assessing Officer's file for a fresh decision, directing that the assessee be given another opportunity to submit details and cooperate in the readjudication proceedings.
Key Issues
Whether the addition made by the AO for unverifiable cash deposits was justified given the assessee's non-cooperation and the ex-parte order by the CIT(A).
Sections Cited
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “D” BENCH, KOLKATA
Before: SHRI RAJESH KUMAR & SHRI PRADIP KUMAR CHOUBEY
Per Rajesh Kumar, AM : This is an appeal filed by the assessee against the order dated 23.02.2024, passed by the ld. CIT(A), National Faceless Appeal Centre, Delhi, for the assessment year 2018-19. 2. At the outset, we observe that the assessee has not furnished the details as called for by the Assessing Officer during the course of assessment proceedings resulting into addition of Rs.1,23,98,885/- by the Assessing Officer on account of cash deposited by the assessee in his bank account, which according to the Assessing Officer remained unverifiable. Similarly before the ld. CIT(A) the assessee did not appear and the appellate order came to be passed ex-parte without taking into consideration on merit of the case. In these circumstances, it would meet the ends of justice, if one more opportunity is granted to the assessee to submit the details to substantiate its case before the Assessing Officer. Consequently, we restore the issues involved in the present appeal to the 2 file of Assessing Officer with a direction to decide afresh after affording sufficient opportunity of hearing to the assessee. We also direct the assessee to cooperate in the readjudication proceedings.
In the result, appeal of the assessee is allowed for statistical purposes. Order pronounced in the open court on 26/08/2025. (RAJESH KUMAR) (PRADIP KUMAR CHOUBEY) न्यधनयक सदस्य / JUDICIAL MEMBER लेखा सदस्य/ ACCOUNTANT MEMBER कोलकाता Kolkata; ददनाांक Dated 26/08/2025 Prakash Kumar Mishra, Sr.P.S. आदेश की प्रनतललपप अग्रेपर्त/Copy of the Order forwarded to : 1. अपीलार्थी / The Appellant- 2. प्रत्यर्थी / The Respondent- 3. आयकर आयुक्त(अपील) / The CIT(A), 4. आयकर आयुक्त / CIT 5. विभागीय प्रविविवि, आयकर अपीलीय अविकरण, कोलकाता / DR, ITAT, Kolkata 6. गार्ड फाईल / Guard file. आदेशधिुसधर/ BY ORDER, सत्यापपत प्रतत //// (