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Facts
The assessee failed to appear for multiple hearings despite valid notices. The Assessing Officer (AO) initiated reassessment proceedings under Section 147 and made additions based on information regarding cash deposits and alleged income from house property and sale of gold. The assessee did not file a regular return for AY 2015-16.
Held
The Tribunal noted that the assessee could not provide necessary details to the CIT(A) and, in the interest of justice, granted another opportunity. The appeal was remitted back to the AO for necessary adjudication, with the direction for the assessee to furnish supporting documents.
Key Issues
Whether the reassessment proceedings under Section 147 were validly initiated and whether the additions made by the AO on account of alleged unexplained cash deposits and income were justified without proper documentation from the assessee.
Sections Cited
250, 147, 144, 148, 143(2), 142(1), 69A
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, SMC BENCH, PUNE
Before: Dr. MANISH BORAD
Assessee by : None Revenue by : Shri Deepak Kumar Kedia, JCIT Date of hearing : 09.07.2025 Date of : .07.2025 pronouncement आदेश/ORDER
PER DR. MANISH BORAD, ACCOUNTANT MEMBER :
This appeal at the instance of assessee pertaining to Assessment Year 2015-16 is directed against the order passed by the Ld. CIT(A) National Faceless Appeal Centre, (NFAC) Delhi u/s 250 of the Income-tax Act, 1961 dated 28.01.2025 which in turn is arising out of the Assessment Order passed u/s 147 r.w.s 144 dated 12.03.2024.
A. When the case called for, none appeared on behalf of the assessee. In the past also the assessee failed to appear on the dates of hearing fixed on 14.05.2025, 05.06.2025 and 07.07.2025 in spite of being served with valid notice of hearing. On the last date of hearing i.e. 07.07.2025 registry directed to contact the assessee on the Mobile No. mentioned in Form No. 36 and today the Bench clerk informed that no one is responding on mobile no. given in Form No.
Under these given circumstances I proceed to adjudicate the appeal ex-parte assessee on the basis of available records and the able assistance of Ld. Departmental Representative (DR).
Assessee has raised following grounds of appeal:-
1. On the facts and in the circumstances of the case & in law the AO has erred in Initiating the power of issuing notice us. 147, without appreciating the fact that, assessee have summited entire details of income generated from house property along with documentary evidence including Index II of property, PAN of tenant etc. and paid the relevant taxes on such income. Thus the appellant hereby prays that the addition made to the total income of the assessee of Rs. 21,85,500 of the act may please be deleted.
2. On the facts and in the circumstances of the case & in law the AO has erred in initiating the power of issuing notice us. 147. Additionally, the addition us 69A is inapplicable if books of accounts not required to be maintained. In this case as assesseee is not required to maintain the books of accounts, the addition us 69A is not tenable. Therefore, the appellant hereby prays that the addition made to the total income of the assessee of Rs. 21,85,500 of the act may please be deleted.
3. On the facts and in the circumstances of the case & in law the AO has erred in initiating the power of issuing notice us. 147, without appreciating the fact that the assessee had summited complete documentary evidence, and had paid the relevant taxes on such income. Without considering the detailed calculation on which taxes have been paid the whole amount of receipt had been added to total income of the applicant. Thus the appellant hereby prays that the addition made to the total income of the assessee of Rs. 21,85,500 of the act may please be deleted.
4. The appellant hereby reserves the right to add, alter, amend or delete any grounds of appeal.
3. Ld. DR vehemently argued supporting the order of the Ld. CIT(A).
4. I have heard Ld. DR and perused the record placed before me. The assessee is an individual and did not file regular return of income for A.Y. 2015-16. Based on the information about deposit of cash and time deposits, notice u/s 148 of the Act validly issued on 13.04.2022 followed by valid serving of notice u/s 143(2) and 142(1) of the Act. Re-assessment proceedings were carried out for the source of cash deposits of Rs. 30,02,000/- assessee claimed that it received income from House Property at Rs. 3,60,000/-, sale of gold from time to time at Rs. 16,96,400/- and from own Savings and Gifts at Rs. 9,45,000/- Ld. A.O. observed that in the return filed in compliance to Notice issued u/s 148 of the Act was income disclosed at Rs. 11,42,440/- Ld. A.O. was also satisfied that assessee has received the cash from amount withdrawn by her sons for last three years totaling to Rs. 8,16,500/- However assessee failed to produce the proof of income from House Property at Rs. 3,60,000/- sale of gold at Rs. 16,96,400/- and source of cash deposits of Rs.1,29,100/- and income assessed at Rs. 33,27,940/- Thereafter the assessee challenged the additions before Ld. CIT(A) but failed to succeed. In the appellant proceedings before Ld. CIT(A), the assessee failed to furnish any proof demonstrating the rental income but the assessee furnished the proof of ownership of the Property. Similarly for sale of Gold no additional evidence was submitted.
I further observe that in the grounds of appeal assessee has stated that for rental income proof of ownership of Property PAN of Tenant has been filed. It has also claimed that one of the son of assessee is working abroad for last 16 years as an associate partner of Ernst & Young Advisory Pte Ltd., Singapore and another son is working for last 11 years in U.S.A.
Considering all these facts and also observing that assessee could not place necessary details before Ld. CIT(A), I in the larger interest of justice and being fair to both the parties, deem it appropriate to afford one more opportunity to the assessee and remit all the issues raised in the instant appeal back to the file of Ld. Jurisdictional Assessing Officer (JAO) for necessary adjudication. After reasonable opportunity being granted to assessee by Jurisdictional Assessing Officer (JAO), assessee shall furnish the details in support of its contentions to prove the rental income, sale of gold and source of saving funds. Assessee is also directed to remain vigilant and not to take unnecessary adjournment unless otherwise required for reasonable cause. Effective grounds of appeal raised by the assessee are allowed for statistical purposes.
In the result, appeal of the assessee is allowed for statistical purposes.
Order pronounced on this day of July, 2025.
(MANISH BORAD) ACCOUNTANT MEMBER पुणे/ Pune; दििांक / Dated: July, 2025. Neeta आिेश की प्रधिधलधप अग्रेधर्ि / Copy of the Order forwarded to:
1. 1. अपीलार्थी / The Appellant. 2. प्रत्यर्थी / The Respondent.
3. The Pr. CIT concerned. 4. धवभागीय प्रधिधिधि, आयकर अपीलीय अधिकरण, "SMC" बेंच, पुणे / DR, ITAT, "SMC" Bench, Pune.