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Facts
The assessee, operating as a 'Bank Mitra', deposited cash for clients into his own account before remitting it to their respective accounts. The Assessing Officer failed to properly examine the evidence related to these cash deposits, leading to an appeal against the order of the National Faceless Appeal Centre.
Held
The Tribunal determined that remanding the case to the Assessing Officer would not prejudice the revenue, allowing the assessee a fresh opportunity to present evidence and be heard. The matter was thus sent back to the AO for a de novo assessment.
Key Issues
Whether the Assessing Officer properly examined the evidence regarding cash deposits made by the assessee acting as a 'Bank Mitra', and if the assessee was afforded adequate opportunity to be heard.
Sections Cited
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Income Tax Appellate Tribunal, DELHI BENCH ‘A’, NEW DELHI
Before: Sh. C. N. PrasadDr. B. R. R. Kumar
Asstt. Year : 2017-18 Anuj Kumar Goel, Vs. Income Tax Officer, C/o CA Vaibhav Goel 75, Navyug Ward-5(1)(1), Market, 1st Floor, Ghaziabad, Gautam Budh Nagar, Uttar Pradesh-201001 Uttar Pradesh-201301 (APPELLANT) (RESPONDENT) PAN No. AJSPG1042M Assessee by : Sh. Vaibhav Goel, CA Revenue by : Sh. Kanv Bali, Sr. DR Date of Hearing: 27.08.2024 Date of Pronouncement: 28.08.2024 ORDER
Per Dr. B. R. R. Kumar, Accountant Member:
The present appeal has been filed by the assessee against the order of National Faceless Appeal Centre (NFAC), Delhi dated 13.09.2022.
At the outset, both the parties fairly submitted that the Assessing Officer could not examine the evidences in details so as to arrive at a correct decision. Both the parties fairly submitted that the case may be remanded to the file of the AO for examination of the evidences afresh with regard to the cash deposits made as the assessee is a “Bank Mitra” who was depositing the cash in his account for his clients and in turn remitting them to the respective accounts of the account holders.
2 Anuj Kumar Goel 3. On going through the record, we are of the considered opinion that no prejudice would be caused to the revenue if an opportunity of being heard is given to the assessee to represent his case rightly before the Assessing Officer. Hence, the matter is being remanded to the Assessing Officer for passing an order afresh after given an opportunity of being heard to the assessee and the assessee shall not mis-use the opportunity given and shall promptly comply to the notices issued from time to time.