SURYADEO PRASAD,SIWAN vs. ITO WARD-2 (3), SIWAN
What did the Tribunal hold?
The Tribunal held that the CIT(A) failed to pass a speaking order on merits and did not consider the assessee's submissions regarding the source of cash deposits. The Tribunal emphasized the principles of natural justice and the requirement for a proper hearing.
What were the facts?
The assessee did not file a return of income for AY 2017-18. The Assessing Officer treated cash deposits of Rs. 27,68,200/- made during demonetization as unexplained income under Section 69A and passed an ex-parte assessment order. The CIT(A) also passed an ex-parte order confirming the addition.
What were the issues?
Whether the CIT(A) was justified in passing an ex-parte order without considering the assessee's grounds of appeal and whether the cash deposits were unexplained income.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(3)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- Commissioner of Sales Tax v. H.M. Esufali H.M. Abdulali232 citing90 ITR 271 · 1973 · SC
- Commissioner of Income-tax (Central) Nagpur v. Premkumar Arjundas Luthra (HUF)159 citing69 Taxmann.com 407 · 2016 · HC
- Ajji Basha v. CIT55 citing111 Taxmann.com 348 · 2019 · HC
Income Tax Appellate Tribunal, PATNA BENCH AT KOLKATA
Before: SHRI SONJOY SARMA & SHRI RAKESH MISHRA
order
: January 7th, 2025 ORDER
PER RAKESH MISHRA, ACCOUNTANT MEMBER:
This appeal filed by the assessee is against the order of the Ld. Commissioner of Income Tax (Appeals)-NFAC, Delhi [hereinafter referred to as “the Ld. CIT(A)”] passed u/s 250 of the Income Tax Act, 1961 (hereinafter referred to as “the Act”) for AY 2017-18 dated 31.01.2023, which has been passed against the assessment order u/s 144 of the Act, dated 30.10.2019.
More judgments on Section 69A
- Vishal Kumar Patel(HUF), Raipur vs DCIT, Circle-1(1), RaipurITA 595/RPR/2026[2017-18]Status: Heard21 Oct 2026AY 2017-18
- Adj Agri International LLP, Rajkot vs The Income Tax Officer, Ward-1(1)(1), RajkotITA 1198/RJT/2026[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Ashok Singh, Jaipur vs ACIT, Circle-2 Jaipur, JaipurITA 1540/JPR/2025[2015-16]Status: Disposed21 Oct 2026AY 2015-16
- Hemal Paresh Madeka, Rajkot vs Asst.Commissioner of Income Tax…ITA 955/RJT/2026[2020-21]Status: Disposed19 Oct 2026AY 2020-21
- Neepaben Sunnybhai Motwani, Rajkot vs Income Tax Officer, RajkotITA 875/RJT/2026[2021-22]Status: Disposed19 Oct 2026AY 2021-22
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