VEERAN SANKARANPANDI,COIMBATORE vs. ITO NON CORPORATE WARD 2(1), COIMBATORE

PDF · subscribers
ITA 370/CHNY/2021Status: DisposedITAT Chennai18 May 2022AY 2017-183 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that the assessee should be given one more opportunity to substantiate his case before the CIT(A). The order of the CIT(A) was set aside and the matter was remitted back for fresh consideration.

What were the facts?

The assessee deposited Rs. 2,40,000/- and Rs. 1,40,000/- in bank accounts. The explanation provided was for hospital expenses of his mother and savings of his wife and children. The Assessing Officer was not satisfied and made an addition under Section 69A.

What were the issues?

Whether the explanation provided by the assessee for the unexplained deposits was satisfactory, and if not, whether a further opportunity should be granted for substantiation.

Which sections of the Income-tax Act were involved?

Section 69A

AI-generated summary — verify with the full judgment below

Before: Shri V. Durga Rao & Shri G. Manjunatha

Hearing: 12.05.2022Pronounced: 18.05.2022

O R D E R

PER V. DURGA RAO,, JUDICIAL MEMBER:

1.

This appeal filed by the assessee is directed against the order of the ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre [NFAC], New Delhi dated 02.08.2021 relevant to the assessment year 2017-18.

2.

In this case, the assessee has deposited an amount of Rs. 2,40,000/- and Rs. 1,40,000/- on various dates. When the Assessing Officer (A.O) was asked the assessee, the assessee has submitted that he has given some money to his mother for hospital expenses and the same was deposited in 2 I.T.A. I.T.A. No. I.T.A. I.T.A. No. No.370 No. 370 370/Chny 370 Chny Chny/20 Chny 20 2021 20 her bank account. So far as an amount of Rs. 1,40,000/- is concerned, the assessee has submitted that it is the saving of his wife and children deposited in the bank. The A.O has not satisfied with the explanation of the assessee and addition was made u/s. 69A of the Income Tax Act, 1961 [“Act” in short]. On appeal, the ld. CIT(A) confirmed the order of the A.O more or less by following the same view of the A.O.

3.

On being aggrieved, the assessee is in appeal before the Tribunal Before us, the Ld. counsel for the assessee has submitted that one more opportunity should be given to the assessee to substantiate his case before the Ld. CIT(A).

4.

On the other hand, the ld. DR strongly supported the orders passed by the authorities below.

5.

We have heard both the sides, perused the materials available on record and gone through the orders of authorities below. After considering the entire facts and circumstances of the case, we are of the opinion that one more opportunity should be given to the assessee to substantiate his case before the Ld. CIT(A). In view of the above, we set aside the order passed by the Ld. CIT(A) and remit the matter back to the file of the Ld. CIT(A) and the Ld. CIT(A) is directed to pass an order after considering the detailed explanation given by the assessee.

3 I.T.A. I.T.A. No. I.T.A. I.T.A. No. No.370 No. 370 370/Chny 370 Chny Chny/20 Chny 20 2021 20

6.

In the result, the appeal filed by the assessee is dismissed.

More judgments on Section 69A

All 15,297 judgments and leading authorities on Section 69A →

Recent GST High Court judgments

Search GST case law →