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Facts
The assessee, a credit cooperative society, failed to file its income tax return for AY 2012-13. The AO, based on AIR data, found unexplained cash deposits of Rs. 1,04,00,000/- and reopened the case. The assessee did not file the return in response to the notice and failed to provide supporting evidence for the cash deposits.
Held
The Tribunal, following its own previous decisions for similar assessment years and noting that the Revenue did not present any contrary material, set aside the issue to the file of the CIT(A) for fresh adjudication on merits. The assessee was directed to provide necessary evidence without seeking adjournments.
Key Issues
Whether the CIT(A) erred in confirming the addition of unexplained cash deposits without appreciating the explanation and evidence provided by the assessee, especially considering similar facts in other assessment years and acceptance by AO in a subsequent year.
Sections Cited
139, 147, 148, 142(1), 144, 44AB, 68, 69A
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “A” BENCH, PUNE
Before: SHRI R.K. PANDA & MS. ASTHA CHANDRA
आदेश की प्रधिधलधप अग्रेधिि / Copy of the Order forwarded to : अपील र्थी / The Appellant. 1. प्रत्यर्थी / The Respondent. 2. 3. The Pr. CIT concerned. दिभ गीय प्रदिदनदि, आयकर अपीलीय अदिकरण, “ए” बेंच, 4. पुणे / DR, ITAT, “A” Bench, Pune. ग र्ड फ़ इल / Guard File. 5. //सत्य दपि प्रदि// True Copy// आिेश नुस र / BY ORDER, / / True Copy / / िररष्ठ दनजी सदचि / Sr. Private Secretary आयकर अपीलीय अदिकरण ,पुणे / ITAT, Pune
S. Details Date Initials Designation No 1 Draft dictated on 2 Final Draft placed before author 3 Draft proposed & placed before the Second Member 4 Draft discussed/approved by Second Member 5 Approved Draft comes to the Sr. PS/PS 6 Kept for pronouncement on 7 Date of uploading of Order 8 File sent to Bench Clerk 9 Date on which the file goes to the Head Clerk 10 Date on which file goes to the A.R. 11 Date of Dispatch of order