SANJAY KUMAR SHUKLA,SANDILA vs. INCOME TAX OFFICER, SIWAN
Facts
The assessee, engaged in the business of trading cloths, filed a return for AY 2014-15. The AO assessed total income at Rs. 49,82,130/- based on deposits in bank accounts, treating some as unexplained and applying a 6.16% gross profit rate to others. The CIT(A) upheld these additions, dismissing the assessee's grounds.
Held
The Tribunal noted that the assessee contended the AO failed to issue a show-cause notice and provide adequate opportunity. The CIT(A) dismissed procedural grounds and the ground related to unexplained deposits due to lack of evidence and admission by the assessee during assessment. The Tribunal observed that adjournment was not allowed and no submission was made by the assessee before the CIT(A).
Key Issues
Whether the AO and CIT(A) erred in making additions to income based on bank deposits without proper opportunity and show-cause notice, and if the estimation of income was justified.
Sections Cited
250, 143(3), 143(3)/144C, 46A
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Income Tax Appellate Tribunal, PATNA BENCH AT KOLKATA
Before: SHRI SONJOY SARMA & SHRI RAKESH MISHRA
आयकर अपीलीय अधिकरण पटना पीठ, कोलकाता में IN THE INCOME TAX APPELLATE TRIBUNAL PATNA BENCH AT KOLKATA [वर्चुअल कोटु] [Virtual Court] श्री संजय शमाु, न्याधयक सदस्य एवं श्री राकेश धमश्रा, लेखा सदस्य के समक्ष Before SHRI SONJOY SARMA, JUDICIAL MEMBER & SHRI RAKESH MISHRA, ACCOUNTANT MEMBER I.T.A. No.: 362/PAT/2024 Assessment Year: 2014-15 Sanjay Kumar Shukla ITO, Ward -2(3), Siwan Vs. (Appellant) (Respondent) PAN: CRUPS4078R Appearances: Assessee represented by : None (Adjourned petition filed). Department represented by : Ashwani Kumar, Sr. DR. Date of concluding the hearing : January 27th, 2025 Date of pronouncing the order : January 30th, 2025 ORDER PER RAKESH MISHRA, ACCOUNTANT MEMBER: This appeal filed by the assessee is against the order of the Commissioner of Income Tax (Appeals)-NFAC, Delhi [hereinafter referred to as Ld. 'CIT(A)'] passed u/s 250 of the Income Tax Act, 1961 (hereinafter referred to as “the Act”) for AY 2014-15 dated 06.02.2024, which has been passed against the assessment order u/s 143(3) of the Act, dated 06.09.2016.
Brief facts of the case as culled out from the Ld. CIT(A)’s order are that during the year, the assessee was engaged in the business of trading of cloths and had filed the return of income on 30.09.2014, showing total income of Rs.3,35,690/-. The case was selected for limited scrutiny and the order under section 143(3) of the Act was passed on
Assistant Registrar ITAT, Kolkata Benches Kolkata