RAYSINGBHAI JESINGBHAI ZALA,FACHARIYA vs. INCOME TAX OFFICE, VERAVAL

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ITA 735/RJT/2024Status: DisposedITAT Rajkot04 April 2025AY 2017-184 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal noted that the NFAC had issued four notices to the assessee, to which there was no compliance. However, the order of the CIT(A) was silent on the specific service of notices upon the assessee. The Tribunal accepted the assessee's submission that the notices were sent to an email address belonging to a previous consultant who did not inform the assessee about the proceedings and hearings. The Tribunal found that this was not a mistake attributable to the assessee and that the assessee deserved one more opportunity to explain their case before the NFAC. Since the Assessing Officer had also passed an ex-parte order under section 144 of the Act, the Tribunal set aside the orders of both the NFAC and the AO. The Assessing Officer was directed to adjudicate the case afresh after providing due opportunity to the assessee, and the assessee was directed to comply with the notices and submit responses. The issue of whether the addition under section 69A and the estimated addition under section 44AD were erroneous was not decided on merits, as the case was remanded for fresh adjudication.

What were the facts?

The assessee, Raysingbhai Jesingbhai Zala, is in appeal against the order dated 24.07.2024 passed by the National Faceless Appeal Centre (NFAC), which upheld an assessment order dated 11.12.2019 passed by the Assessment Unit, Income Tax Department (Assessing Officer) under section 144 of the Income Tax Act, 1961. The assessment year in question is 2017-18. The assessee had not filed a return of income for this year. During the demonetization period, cash deposits of Rs. 18,00,000/- and Rs. 6,92,580/- were made in the assessee's bank accounts. The Assessing Officer treated the cash deposits of Rs. 24,37,500/- as unexplained money under section 69A of the Act and made an estimated addition of Rs. 3,63,060/-. The NFAC dismissed the assessee's appeal due to non-appearance, citing that notices were duly served on the registered email account.

What were the issues?

1. Whether the appeal before the NFAC was dismissed in violation of the principles of natural justice, considering the assessee's contention of non-receipt of notices due to an old consultant's email address being used? (Question of law and fact, turning on principles of natural justice and procedural fairness). Assessee's Contention: The orders of the NFAC and AO were ex-parte. Notices were served on an email ID belonging to a former consultant who failed to inform the assessee. Therefore, the assessee seeks one more opportunity to present their case. Revenue's Contention: The Ld. Sr. DR relied on the judgment of the Ld. CIT(A) and did not object to the prayer of the Ld. AR. 2. Whether the addition of Rs. 24,37,500/- under section 69A of the Act was erroneous and should be deleted? (Question of law and fact, turning on section 69A). 3. Whether the estimated addition of Rs. 3,63,060/- under section 44AD of the Act was erroneous and should be deleted? (Question of law and fact, turning on section 44AD).

Which sections of the Income-tax Act were involved?

Section 144,Section 69A,Section 44AD,Section 69

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, RAJKOT BENCH,

Before: DR. ARJUN LAL SAINI & SHRI DINESH MOHAN SINHA

For Appellant: Shri Chetan Agarwal, Ld. AR
For Respondent: Shri Abhimanyu Singh Yadav, Ld. Sr. DR
Hearing: 07/01/2025Pronounced: 04/04/2025

आदेश / O R D E R PER DINESH MOHAN SINHA, JM:

1.

Captioned appeal filed by the assessee is directed against the order passed by the National Faceless Appeal Centre [(in short “NFAC/Ld. CIT(A)”] vide order dated 24.07.2024, which in turn assessment order passed by Assessment Unit, Income Tax Department / Assessing Officer under section 144 of the Income Tax Act, 1961 (in short “the Act”), vide order dated 11.12.2019.

2.

Grounds of appeal raised by the assessee are as follows:

1.0 Ld. Commissioner of Income tax (Appeals), National Faceless Appeal Centre has erred in law and facts in dismiss the appeal in violation of principles of natural justice; 2.0 Ld. Commissioner of Income tax (Appeals), National Faceless Appeal Centre has erred in law and facts in confirming the addition u/s 69A of the Act of Rs. 24,37,500/-, which may kindly be deleted and justice be done; 3.0 Ld. Commissioner of Income tax (Appeals), National Faceless Appeal Centre has erred in law and facts in confirming the estimated addition u/s 44AD of the Act of Rs. 3,63,060/-, which may kindly be deleted and justice be done;3. Brief facts of the case that the Assessing officer issued the draft assessment order dated 18.01.2024 u/s. 147 r.w.s. 144C of the I. T. Act, 1961 by making an addition of Rs. 79,75202/- on account of unexplained credits u/s. 69 of the Act, total income assessed at Rs. 80,30,400/-.

3.

Brief facts of the case that the assessee has not filed a Return of Income for AY 2017-18. However, the assessee deposited cash of Rs. 18,00,000/- in account no. 8101416601000474 and Rs. 6,92,580/- was deposited in account no. 810141660100479 in Kodinar Nagrik Sahakari Bank. During the demonetarization period, the notices were issued to the assessee to filed submission after receiving direction from Jt submission. In the Submission the assessee has stated that he is engaged in the trading of Jaggery and also has agriculture income. The assessee has approx. 20vigha agriculture land The assessee has explained source of cash deposited in bank account out of cash on hand and sale proceeds in support, the assessee has furnished copy of ledger account, copy of balance sheet, copy of cash book for F.Y.s 2015- 16 and 2016-17 bank statement, cash flow statement for F.Y.s 2015-16 and 2016-17, copy of 7/12 & 8A, agriculture loan account. The same are verified and kept on record. The assessee has also furnished computation of income, in which the assessee has shown net profit of Rs. 3.16.962/- and taxable income of Rs.2.69.771/- and net agriculture income of Rs.55,094/-. The Assessing Officer has consider on the basis of submission filed by the assessee that they have turnover of Rs. 45,38,300/- of 8% less than income calculated of Rs. 24,37,500/- deposited during the demonetization period were considered to be unexplained money u/s. 69 of the Act. The assessment completed as under:

Net Profit as discussed in Para 04 above Rs. 3,63,060/- Addition: As discussed in Para 03 above Rs. 24,37,500/- Total Assessed income Rs. 28,00,560/-

4.

The assessee filed an appeal against the ex-parte order u/s. 144 of the Income Tax Act, in the office of the Ld.CIT. The Ld. CIT(A) has dismissed the appeal on the ground that the non-appearance to notices is deliberate as all the notices have been duly served upon the appellant on the registered email account.

5.

That the assessee challenged the validity of the impugned order dated 24.07.2024 passed by the Ld. CIT(A) before the Tribunal.

6.

During the course of hearing, the Ld. AR of the assessee submitted that the order of Ld. CIT(A) and the Ld. AO both are ex-parte order, and notices were served on the email-id which is belong to old consultant of the assessee, who did not inform to the assessee about notices issued by the Ld. CIT(A). Therefore, the Ld. AR of the assessee prayed one more opportunity may kindly be granted.

7.

On the other hand, the Ld. Sr. DR for the revenue, relied on the judgement of the Ld. CIT(A) and not objected to the prayer of the Ld. AR.

8.

We have heard both the parties and perused the material available on record. We noted that the Ld. CIT(A) has issued the four notices on 08.02.2021, 15.05.2024, 24.05.2024, 18.06.2024. There was no compliance to the notices by the assessee. We note that the order of the CIT(A) is silent on service of notices upon the assessee. It is because of that while filing the appeal, on the email-id which was belongs to the previous consultant, who did not inform to the assessee about the proceedings and hearing, that there is not mistake of the assessee. Therefore, we noted that the assessee deserved one more opportunity to explain his case before the Ld.CIT(A). We further note that before the Ld. AO has also passed an ex-parte order u/s. 144 of the Act. Therefore, we set aside the order of the Ld. CIT(A) as well as Ld. AO. We further direct the Assessing Officer to have fresh adjudication of the case after due opportunity given to the assessee. We also direct the assessee to comply with the notices issued by the Ld. AO and also submitted response before the Ld. AO.

In the result, the appeal of the assessee is allowed for statistical purposes.

Order pronounced in the open court on 04 -04-2025.

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