SUNIL KUMAR,GANDHIDHAM vs. INCOME TAX OFFICER WARD-2, GANDHIDHAM

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ITA 293/RJT/2024Status: DisposedITAT Rajkot20 January 2025AY 2016-20174 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal noted that the CIT(A)'s order mentioned issuing notices on specific dates but did not elaborate on their service upon the assessee. It also observed that the AO had passed an ex-parte order. However, the assessee had filed a return of income in response to the notice under Section 148. Considering these aspects, the Tribunal was of the view that the assessee should be given one more opportunity to present his case before the AO. Consequently, the Tribunal set aside the order of the AO and remitted the matter back to the file of the AO for fresh adjudication on merits after providing the assessee with a due opportunity of being heard. The appeal was allowed for statistical purposes.

What were the facts?

The assessee, Sunil Kumar, an individual, filed his return of income for Assessment Year (AY) 2016-17 on November 7, 2016, declaring an income of Rs. 9,60,790/-. Proceedings under Section 147 were initiated, and a notice under Section 148 was issued on March 31, 2021. The Assessing Officer (AO) passed an order on March 25, 2022, under Section 147 read with Section 144 of the Income Tax Act, 1961, making an addition of Rs. 47,77,199/- as unexplained cash credits under Section 68. Penalty proceedings under Section 271(1)(c) were also initiated. The assessee appealed to the Commissioner of Income Tax (Appeals) [CIT(A)]. The CIT(A) dismissed the assessee's appeal on March 28, 2024, due to non-compliance with notices. The assessee has now appealed to the Income Tax Appellate Tribunal (ITAT).

What were the issues?

1. Whether the Tribunal should grant the assessee one more opportunity to present his case before the lower authorities, considering the claim that notices were not served and the AO passed an ex-parte order. Assessee's contention: The assessee's counsel argued that no notices were served on the assessee and requested one more opportunity to be heard before the lower authority. Revenue's contention: The Revenue's Senior Departmental Representative relied on the order of the CIT(A) but did not object to the assessee's request for another opportunity.

Which sections of the Income-tax Act were involved?

Section 147,Section 148,Section 142(1),Section 133(6),Section 144,Section 68,Section 271(1)(c),Section 144B

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, RAJKOT BENCH, RAJKOT

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

For Appellant: Shri Chetan Agarwal, Ld. A.R
For Respondent: Shri Abhimanyu Singh Yadav, Ld. Sr. DR
Hearing: 26/12/2024Pronounced: 20/01/2025

Heard together (2 matters)

ITA No.293/RIT/2024
ITA No.293/RJT/2024

Read from the judgment's own cause title. This page is filed under one of them.

PER DINESH MOHAN SINHA, JM: 1. Captioned appeal filed by the assessee is against the order passed by the Commissioner of Income Tax (Appeals) [in short, “The Ld. CIT(A)”] vide his order dated 28/03/2024 which inter arises out of order passed by the Assessing Officer [in short, “The Ld. AO”] vide order dated-25/03/2022.

2.

Facts of the case is that The appellant is an individual and filed his return of income for the AY 2016-17 on 07/11/2016 at income of Rs. 9,60,790/-. In the case of the appellant, proceedings under section 147 of the Act were initiated and a notice under section 148 of the Act was issued on 31/03/2021. Thereafter, various notices under section 142(1) of the Act / letters / questionnaires were also issued calling for relevant details.

3.

After consideration of the reply filed by the appellant and the information gathered upon enquiry made under section 133(6) of the Act from the bank, the AO passed an order under section 147 r.w.s. 144 of the Act on 25/03/2022 wherein an addition of Rs. 47, 77,199/- was made to the income of the appellant as unexplained cash credits under section 68 of the Act. Penalty proceedings under section 271(1)(c) of the Act were also initiated.

4.

During the assessment proceedings before the Ld. AO it was found from the information received on insight portal that the assessee had made bogus sales amounting to Rs. 47,77,199/- during A.Y. 2015-16 relevant to the A.Y. 2016-17. Notice u/s 142(1) of the Act was issued on 04/02/2022 which was delivered to the assessee on its e-mail through this notice assessee was asked to furnish the books of account, ledger and audit report of the relevant period. On reply of this notice filed his return of income in compliance to the notice in where assessee declared total income of Rs. 9,60,790/- as declared in the original return of income filed by the assessee. Another notice u/s 142(1) of the Act on 04/02/2022 was issued to furnish the details but no response to this notice was submitted by the assessee. Therefore the bogus sales made by the assessee amounting to Rs. 47,77,199/- remained unexplained. Hence the same was added back to the total income of the assessee u/s 68 of the I.T. Act, 1961.

5.

The assessee filed an appeal before the Ld. CIT(A) against the order passed by the Ld. AO u/s 147 r.w.s. 144 r.w.s. 144B of the Income Tax Act,1961.

6.

That in the appeal proceedings before the Ld. CIT(A) notices were issued on 30/09/2022 and 22/02/2024. However assessee did not respond to the notices. A final opportunity was provided to the appellant vide notice dated 13/03/2024 but the assessee failed to comply with the notices before the Ld. CIT(A). Therefore, Ld. CIT (A) dismissed the appeal of the assessee.

7.

The assessee filed an appeal against the impugned order passed by the Ld. CIT(A) before us.

8.

Ld. Counsel on behalf of the assessee (AR) submitted that no notices were served on the assessee. However, the Ld. AR requested for one more opportunity to be heard may kindly be granted to represent the case before the lower authority. On the contrary Ld. Sr. DR on behalf of the revenue relied on the order of the Ld.CIT (A) but did not objected to the request of the assessee.

9.

We have heard both parties and perusal of the on available records. We note that according to the order of the Ld. CIT(A) has issued the notices on 30/09/2022, 22/02/2024 & 13/03/2024 for the hearing to the assessee. The order of the Ld. CIT(A) does not talk about the service of the notices upon the assessee. We further note that the Ld. AO has also passed an ex-parte order. However, the assessee has filed return of income in response to the notice u/s 148 of the I.T. Act, 1961. Therefore, we are of the view that one more opportunity should be given to the assessee to present his case before the Ld. AO. We hereby set aside the order of Ld. AO and remit the matter back to the file of Ld. AO for fresh adjudication on merit after giving due opportunity to the assessee of being heard.

10.

In the result, the appeal of the assessee is allowed for statistical purposes. Order pronounced in the open court on 20/01/2025

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