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Facts
The assessee, a proprietor of M/s Bengal Agro Corporation, filed a return for AY 2017-18 disclosing an income of Rs. 37,70,050/-. The Assessing Officer added Rs. 33,96,203/- to the assessee's income on account of unexplained cash deposits in the bank.
Held
The Tribunal noted that the assessee failed to provide details of cash deposits to both the AO and the CIT(A). However, considering that documentary evidence has now been filed before the Tribunal, the assessee is given an opportunity to present their case before the CIT(A).
Key Issues
Whether the assessee should be granted an opportunity to present documentary evidence to explain cash deposits in the bank account, even after the appeals before the lower authorities were dismissed due to non-compliance.
Sections Cited
143(2), 142(1), 68
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Income Tax Appellate Tribunal, “A” BENCH: KOLKATA
Before: Shri Rajesh Kumar&Shri Pradip Kumar Choubey]
ORDER / आदेश Per Pradip Kumar Choubey, JM:
This is the appeal preferred by the assessee against order of Commissioner of Income Tax (Appeal)-NFAC, Delhi (hereinafter referred to as the Ld. CIT(A)] dated 11.10.2023 for AY 2017-18.
Brief facts of the case of the assessee is that assessee Sheikh Sarwar Alam is a proprietor of M/s Bengal Agro Corporation carrying on business as reseller of tractor Assessment Year: 2017-18 Sheikh Sarwar Alam and tractor parts. The return of income for the AY 2017-18 was filed by the assessee on 31.10.2017 disclosing total income of Rs. 37,70,050/-. The case was selected for scrutiny, notices u/s 143(2) of the Act was issued, notices u/s 142(1) along with questionnaire were issued and served upon the assessee. In response to the notices alternate submission were received, the AO find that the assessee had received cash deposit worth of Rs. 27,96,203/- on 16.11.2016 and Rs. 6,00,000/- on 16.12.2016 in its bank account. The assessee failed to reply to the show cause notice as a result of which Rs. 33,96,203/- is added to income of the assessee in view of the provision of Section 68 of the Act.
The said order has been challenged by the assessee before the Ld. CIT(A) wherein the appeal of the assessee has been dismissed as the assessee has failed to substantiate to credit made in the form of e-mail having in spite of giving sufficient opportunities.
Being aggrieved and dissatisfied the assessee preferred an appeal before us.
The Ld. Counsel instead of going merits of the case has only submitted that the assessee has to be given an opportunity to place his case before the Ld. CIT(A) as the assessee has sufficient documentary evidences to prove his money received during the period under consideration. The Ld. Counsel has also filed documents before us.
Contrary to that, the Ld. D.R supports the impugned order.
We have perused the order of the AO and find that the assessee had been asked to furnish the details of cash deposit but the assessee failed to reply the show cause notice. We further find that before the Ld. CIT(A) in spite of giving opportunity the assessee failed to respond the notices issued explaining the source of cash deposit. The Ld. CIT(A) has held that after filing the appeal no explanation in material evidence have been uploaded by the assessee. The appeal of the assessee has been dismissed as there was no details furnished by the assessee. Before us the following documents have been filed by the assessee which are as follows: ii) VAT returns iii) Audited financial statement iv) Simple bank statement
The Ld. Counsel has also submitted that high percentage of cash sales in total sales is reflected mainly on month. As we have already stated in the preceding paragraph that appeal of the assessee before the Ld. CIT(A) has been dismissed that the assessee has failed to substantiate the credit made in the bank accounts with material evidence. Before us, the Ld. CIT(A) had filed documentary evidences with regard to his claim. Keeping in view, the above facts we are inclined to give an opportunity to the assessee to place his case before the Ld. CIT(A). Accordingly, the order of the Ld. CIT(A) is hereby set aside. The case record of the assessee is restored to the file of Ld. CIT(A). The Ld. CIT(A) is directed to pass an order afresh after hearing the assessee and going over the documents filed by the assessee.
In the result, the appeal filed by the assessee is allowed for statistical purposes.
Order is pronounced in the open court on 17th January, 2025
Sd/- Sd/- (Rajesh Kumar/राजेश कुमार) (Pradip Kumar Choubey /�द�प कुमार चौबे) Accountant Member/लेखा सद�य Judicial Member/�या�यक सद�य Dated: 17th January, 2025 SM, Sr. PS Copy of the order forwarded to: 1. Appellant- Sheikh Sarwar Alam, 20, Paymental Garden Lane, West Bengal- 700015 2. Respondent – ACIT, Circle-33, Kolkata 3. Ld. CIT(A)- NFAC, Delhi 4. Ld. Pr. CIT- , Kolkata 5. DR, Kolkata Benches, Kolkata (sent through e-mail)