KALADHAR VANA PURNA CHANDRA KADI,MACHILIPATNAM vs. INCOME TAX OFFICER, WARD-1, MACHILIPATNAM
Facts
The assessee, Kaladhar Vana Purna Chandra Kadi, made cash deposits of Rs. 2,29,000/- into a bank account during A.Y. 2019-20. The assessee claimed these deposits were from civil works and offered 8% income under Section 44AD, but the AO and CIT(A) treated the entire amount as unexplained cash deposits under Section 69A.
Held
The ITAT noted that the assessee submitted fresh evidence (confirmation letters) for the first time, which had not been examined by the lower authorities. Given that the genuineness of transactions and identity of parties were unverified, the Bench decided to remit the issue back to the Assessing Officer for fresh examination after providing an opportunity to the assessee.
Key Issues
Whether cash deposits in the bank account were unexplained under Section 69A or income from civil works covered under Section 44AD, and the admissibility and examination of fresh evidence submitted before the ITAT.
Sections Cited
147, 144, 69A, 44AD
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, VISAKHAPATNAM BENCH, VISAKHAPATNAM
आदेश की प्रनतनलनप अग्रेनर्त/ Copy of the order forwarded to:- 1. ननधधाऩरती/The : Shri Kaladhar Vana Purna Chandra Kadi, 14-233, Edepalli, Machilipatnam Assessee 2. रधजस्व/ : The Income Tax Officer, Ward-1, The Machilipatnam Revenue 3. The Principal Commissioner of Income Tax, Visakhapatnam 4. नवभधगीय प्रनतनननध, आयकर अपीलीय अनधकरण / DR,ITAT, Visakhapatnam. 5. The Commissioner of Income Tax 6. गधर्ाफ़धईल / Guard file
आदेशधनुसधर / BY ORDER
Sr. Private Secretary ITAT, Visakhapatnam.