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Income Tax Appellate Tribunal, ‘A’ BENCH, CHENNAI
Before: SHRI N.R.S. GANESAN & SHRI INTURI RAMA RAO
आदेश /O R D E R
PER N.R.S. GANESAN, JUDICIAL MEMBER:
This appeal of the Revenue is directed against the order of the Commissioner of Income Tax (Appeals) -15, Chennai, dated 30.01.2018 and pertains to assessment year 2013-14.
Shri AR.V. Sreenivasan, the Ld. Departmental Representative, submitted that the assessee has filed fresh evidence before the CIT(Appeals). According to the Ld. D.R., the CIT(Appeals) without calling for remand report from Assessing Officer, directed the Assessing Officer to verify the cash book and other material and thereafter delete the addition to the extent the assessee is able to submit proper supporting documents. According to the Ld. D.R., the CIT(Appeals) has no power to remand the matter back to the Assessing Officer. If at all any evidence was filed, it is for the CIT(Appeals) to examine the same or to call for remand report from the Assessing Officer. According to the Ld. D.R., the CIT(Appeals) has no authority to direct the Assessing Officer to examine and allow the claim. On a query from the Bench whether the issue raised by the assessee needs verification of cash book and other material evidence, the Ld. D.R. very fairly submitted that it needs verification. However, according to the Ld. D.R., the CIT(Appeals) cannot direct the Assessing Officer to make such verification.
We heard Shri S. Sridhar, the Ld.counsel for the assessee also.
Admittedly, the assessee has filed additional evidence before the CIT(Appeals) in support of the cash credit. The Assessing Officer found that there was a deposit of ₹74,53,500/- in the HDFC bank account of the assessee. Therefore, the same was treated as unexplained cash credit under Section 68 of the Income-tax Act, 1961 (in short 'the Act'). It is not in dispute that the assessee has filed additional evidence / material before the CIT(Appeals). The CIT(Appeals) directed the Assessing Officer to verify the cash book and other evidence filed by the assessee and thereafter allow the claim of the assessee to the extent to which supporting documents are filed.
As rightly submitted by the Ld. D.R., the CIT(Appeals) himself ought to have examined the material filed by the assessee or he ought to have called for remand report from the Assessing Officer. The CIT(Appeals) has no power to remand back the matter to the file of the Assessing Officer. However, the fact remains that the material filed by the assessee needs to be examined and verified by the Assessing Officer. In view of the above, in exercise of the power conferred on this Tribunal, the entire issue is remitted back to the file of the Assessing Officer. The Assessing Officer shall re-examine the matter on the basis of the material filed by the assessee and thereafter decide the issue afresh in accordance with law, after giving a reasonable opportunity to the assessee.
In view of the above, this Tribunal modify the order of the CIT(Appeals) and remit back the entire issue to the file of the Assessing Officer. The Assessing Officer shall re-examine the issue in the light of the material filed by the assessee and thereafter decide the same afresh in accordance with law, after giving a reasonable opportunity to the assessee.
In the result, the appeal filed by the Revenue is allowed for statistical purposes.
Order pronounced in the court on 2nd January, 2019 at Chennai.