Facts
The assessee, engaged in trading and hosiery fabrics, filed an Income Tax Return for AY 2017-18. The case was selected for scrutiny due to significant cash deposits during the demonetization period, leading the Assessing Officer to add Rs. 41,00,000/- as unexplained money under Section 69A. This addition was upheld by the Ld. CIT(A) because the assessee failed to provide supporting documents like customer details or sales proof.
Held
The Tribunal, acknowledging the assessee's submission of an affidavit explaining the inability to file documents earlier due to unavoidable reasons, decided to grant a fresh opportunity. It set aside the orders of both the Assessing Officer and the Ld. CIT(A), remanding the case back to the Assessing Officer. The AO is directed to pass a fresh order after carefully scrutinizing the new documentary evidence to be submitted by the assessee.
Key Issues
Whether the cash deposited during the demonetization period constitutes unexplained money under Section 69A, and whether the assessee should be afforded another opportunity to furnish documentary evidence to substantiate the source of income.
Sections Cited
143(2), 142(1), 69A
AI-generated summary — verify with the full judgment below
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 the order of Commissioner of Income Tax (Appeal)-NFAC, Delhi (hereinafter referred to as the Ld. CIT(A)] dated 01.02.2024 for AY 2017-18.
Brief facts of the case of the assessee is that the assessee engaged in the business of trading and hosiery fabrics and job work of making agreement under the partnership Assessment Year: 2017-18 Manoj Kumar Shaw firm M/s Shiv Enterprise. The assessee filed his return of income for AY 2017-18 declaring total income at Rs. 12,29,290/-. The case of the assessee was selected for scrutiny as there was any issue of cash deposit during demonetization period. Notices u/s 143(2) and 142(1) were issued, the assessee uploaded some details. The AO after careful scrutiny of the bank account held that there was unexplained money u/s 69A of the Act amounting to Rs. 41,00,000/- and added the same in the total income of the assessee.
The said order has been challenged by the assessee before the Ld. CIT(A) wherein the appeal of the assessee has been dismissed on the ground that the assessee did not submit any details of customers to whom he made the sales rather assessee reiterated same stand taken before the AO.
Being aggrieved and dissatisfied the assessee preferred the appeal before us.
The Ld. Counsel appeared on behalf of the assessee instead of arguing on the merit of the case has submitted that the assessee has been given an opportunity to place the documents before the AO to substantiate his claim regarding the source of income during the demonetization period. The Ld. Counsel submits that due to some unavoidable reasons, the assessee could not be filed the balance sheet, bank statement and sale bills before the AO and now the assessee wants to submit the same before the AO. He has filed documents before us and also filed an Affidavit.
The Ld. D.R supports the impugned order.
We have perused the order of AO and find that the order has been passed by holding that the assessee is unable to prove that any normal business or otherwise he was possessed of so much cash, the assessee failed to prove this fact that cash deposit during demonetization period are normal business receipt. Before the Ld. CIT(A) also, the assessee only reiterated his previous version. Hence, his case has been dismissed by observing that the assessee did not submit any details of the customers to whom he made the sales, the buyers from whom he bought the raw materials nor the assessee Assessment Year: 2017-18 Manoj Kumar Shaw submitted the same made by him in financial year subsequent to FY 2016-17 though as per the Ld. CIT(A) onus of proving the source of source of money lies upon the assessee. Before us, the assessee has filed following documents as follows:
Assessment Year: 2017-18 Manoj Kumar Shaw 7. Considering the facts of the case as well as Affidavit, we are inclined to give an opportunity to the assessee to place his case before the AO. The order of AO and confirmed by the Ld. CIT(A) is hereby set aside. The AO is directed to pass an afresh order after scrutinizing the documentary evidences filed by the assessee without being prejudice to this order.
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- Manoj Kumar Shaw, 24, S. N Banerjee lane, Howrah-7111106 2. Respondent – ACIT, Circle-47, Kolkata 3. Ld. CIT(A)-NFAC, Delhi 4. Ld. Pr. CIT- , Kolkata 5. DR, Kolkata Benches, Kolkata (sent through e-mail)