UNHEL GRAM SEWA SAHKARI SAMITI LTD,JHALAWAR vs. ITO WARD JHALAWAR, JHALAWAR
What did the Tribunal hold?
The Tribunal noted that the assessee had filed additional evidence with complete details explaining the source of the cash deposit. Considering this evidence crucial to the additions and in the interest of justice, the Tribunal returned the issues to the AO for de novo assessment after providing a fair opportunity to the assessee.
What were the facts?
The assessee, a Co-operative Society, failed to file its return of income for AY 2017-18. Based on information regarding a cash deposit of Rs. 11,50,000/- during the demonetization period, the AO initiated reassessment proceedings and made additions under best judgment assessment u/s 144. The CIT(A) provided no relief. The assessee appealed.
What were the issues?
Whether the additional evidence produced by the assessee explaining the cash deposit should be considered by the AO for a fresh assessment, and whether the assessee was prevented by sufficient cause from appearing before the AO.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, JAIPUR BENCHES,”SMC” JAIPUR
Before: SHRI MANISH BORAD, AM vk;dj vihy la-@ITA. No. 499/JPR/2025
fu/kZkj.k o"kZ@Assessment Year : 2017-18 cuke Unhel Gram Sewa Sahkari Samiti ITO, Ltd. Kadodia Dist Jhalawar, Vs. Ward Jhalawar Jhalawar LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: AAATU4217F vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@ Assessee by : Shri Dinesh Kumar (Adv.) jktLo dh vksj ls@ Revenue by : Shri Gautam Singh Choudhary, JCIT lquokbZ dh rkjh[k@ Date of Hearing : 30/06/2025 mn?kks"k.kk dh rkjh[k@Date of Pronouncement :02/07/2025 vkns'k@ ORDER PER: MANISH BORAD, AM This appeal at the instance of the assessee is directed against the order of the ld. CIT(A), National Faceless Appeal Centre, Delhi dated 29.01.2025 [Here in after referred as “CIT(A)/NFAC”] for the assessment year 2017-18, which is arising out of the order u/s 144 of the Act dated 30.09.2019 framed by ITO, Ward -Jhalawar. ground Nos. 1 to 4 raised against disallowance of deduction u/s 80P of the Act as well as additions u/s 68 of the Act at Rs. 11,50,000/- stated that for unavoidable reasons, assessee could not appear before the Assessing Officer and was unable to furnish the additional evidence before ld. CIT(A). He prayed for granting an opportunity to go before ld. Jurisdictional Assessing Officer (JAO) for necessary adjudication of the issues as well as examining additional evidence.
Ld. DR relied on the order of lower authorities.
I have heard the rival contentions and perused the record placed before me. The assessee is a Co-operative Society and did not file the return of income for A.Y 2017-18. Based on the information about cash deposit of Rs. 11,50,000/- during the demonetization period falling under F.Y 2016-17. Ld. AO issued valid notices for carrying out the re-assessment proceedings. Ld. AO framed the best judgment assessment u/s 144 of the Act making the impugned additions. The assessee further failed to get any relief from ld. CIT(A). Before me, ld. Counsel for the assessee applications under rule 46A of the Income Tax Rules for admission of additional evidence. It is stated before me that the assessee has complete details to explain the source of cash deposit along with identity proof and income source of the persons given cash which has been subsequently deposited in the bank account. Going through these details, I am of the considered view that the additional evidence goes to the root cause of the impugned additions and in the larger interest of justice and being to fair both the parties. I hereby return the issues raised in the instant appeal to the file of ld. Jurisdictional Assessing Officer, who shall provide fair opportunity to the assessee for filing the relevant details and then frame de novo assessment in accordance with law. The assessee is also directed to update e-mail id and contact details income tax portal and should refrain from taking unnecessary adjournment unless otherwise required for reasonable cause.
Effective grounds of appeal raised by assessee are allowed for statistical purposes.
In the result, appeal filed by the assessee is allowed for statistical purposes.
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