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Facts
The assessee appealed against the order confirming an addition of Rs. 10,55,500/- on account of unexplained cash deposits. The assessee claimed to have submitted all necessary documents and written submissions explaining the source of the deposits.
Held
The Tribunal noted that both the assessment order and the CIT(A) order were ex parte, despite the assessee's claim of submitting documentation. The Tribunal decided to restore the matter to the Assessing Officer for a fresh decision.
Key Issues
Whether the addition made on account of unexplained cash deposits is justified when the assessee claims to have provided all supporting documents, and if the orders passed are ex parte.
Sections Cited
250, Income Tax Act, 1961
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Income Tax Appellate Tribunal, PATNA “SMC” BENCH, VIRTUAL HEARING AT KOLKATA
Before: SRI SANJAY GARG
order : 12.02.2025 ORDER The captioned appeal has been preferred by the assessee against the order dated 07.02.2024 of the Ld. Commissioner of Income Tax (Appeal), Addl/JCIT(A)-3, Mumbai [hereinafter referred to as Ld. ‘CIT(A)’] u/s. 250 of the Income Tax Act, 1961 (hereinafter referred to as the “Act”) for Assessment Year (AY) 2017-18.
The assessee in this appeal is aggrieved by the action of the Ld. CIT(A) in confirming the addition of Rs.10,55,500/- on account of unexplained cash deposits in the bank account of the assessee. The assessee in this appeal has taken the plea that the assessee had submitted all the required documents and even written submissions fully explaining the source of deposit in the bank account. A perusal of the impugned assessment order as well as the order of the Ld. CIT(A) would reveal that the same are ex parte order. Though the plea of the assessee is that he has filed the requisite documents along with written submissions before the Assessing Officer, however, there is no mention of any documents/written submissions in the assessment order.
I.T.A. No.:302/PAT/2024 Kamla Devi Somani, AY : 2017-18 3. In my view, the interests of justice will be well served, if, the matter is restored to the file of the Assessing Officer to decide the matter afresh after giving proper opportunity to the assessee to represent his case. I order accordingly.
In the result, the appeal of the assessee is treated as allowed for statistical purposes.