SITA RAM PANSARI,TRANSPORT NAGAR KUJU vs. INCOME TAX OFFICER, RAMGARH CANTT
Facts
The assessee, engaged in coal trading, faced additions from the AO for AY 2013-14, including Rs. 34 lakhs as loan/advance and Rs. 1,88,98,978/- as unexplained cash credit under Section 68, due to mismatches between sales and bank deposits. The CIT(A) partly allowed the appeal, deleting the Rs. 34 lakh addition and granting partial relief on the cash credit, but Rs. 1,51,63,478/- remained upheld.
Held
The Tribunal observed that the CIT(A) upheld the remaining addition of Rs. 1,51,63,478/- due to the assessee's lack of proper submissions. Consequently, the Tribunal decided to remand this specific unaddressed issue back to the CIT(A) for a thorough re-examination on merits, providing the assessee an opportunity to present all submissions. All connected appeals for other assessment years were also allowed for statistical purposes, applying the same principle.
Key Issues
Whether the remaining unexplained cash credit under Section 68 was correctly upheld by the CIT(A) without fully considering the assessee's submissions, warranting a re-examination.
Sections Cited
147, 148, 142(1), 68, 115BBE
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “RANCHI BENCH”, RANCHI
Before: SHRI SONJOY SARMA, JM & SHRI RATNESH NANDAN SAHAY, AM
IN THE INCOME TAX APPELLATE TRIBUNAL “RANCHI BENCH”, RANCHI BEFORE SHRI SONJOY SARMA, JM & SHRI RATNESH NANDAN SAHAY, AM (THROUGH HYBRID MODE) आयकर अपील सं./ITA Nos.123-126/RAN/2024 (निर्धारण वर्ा / AYrs :2013-14, 2014-2015, 2015-16 & 2017-18) Sita Ram Pansari, Vs. ITO Ramgarh Transport Nagar, Main Road, Kuju, Jharkhand-825316 स्थायी लेखा सं./PAN No. : AJPPP 3351 H (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) निर्ाारिती की ओर से /Assessee by : Shri Akash Agarwal, AR राजस्व की ओर से /Revenue by : Shri Khubchand T Pandya Sr.DR सुनवाई की तारीख / Date of Hearing : 02/09/2025 घोषणा की तारीख/Date of Pronouncement : 09/10/2025 आदेश / O R D E R Per Sonjoy Sarma, JM : All the above captioned appeals are filed by the assessee against the separate orders, all dated 20.02.2024 passed by ld.CIT(A), Patna-3, against which the assessee preferred appeals before the Tribunal. 2. Since the issues involved in these appeals are common except the figures and assessment years in question, therefore, all the four appeals are heard together and decided by this common order. 3. First we shall take up the appeal of the assessee in ITA No.123/Ran/2025 for A.Y.2013-2014. 4. Brief facts of the case are that the assessee is an individual and engaged in the business or profession of coal trading under E-auction
2 ITA No.123-126/Ran/2024 System. The assessee had filed its return of income for A.Y 2013-14 on 19.07.2013. On examination of the ITR of the assessee, the AO observed that there was mismatch between the sales proceeds and the total deposits made by the assessee in its bank account. Further, it was also observed by the AO that the assessee had deposited cash/cheque amounting to Rs.1,88,98,978/- in its bank accounts and the same was not disclosed in its return for the Assessment Year 2013-14. Based on the above findings, the asessee’s case was re-opened u/s 147 of the Act after recording reasons and obtaining approval from the Competent Authority, by issuing notice u/s 148 of the Act. However, the assessee failed to file return of income within the stipulated time. Thereafter, notices u/s 142(1) of the Act were issued to the assessee on multiple occasions seeking explanation. But the submissions made by the assessee in compliance with the statutory notices issued were found to be incomplete and partial. During the assessment proceedings, the Assessing Officer found that Rs.34 lakhs was received by the assessee as loan and advance from various parties but the assessee has failed to furnish appropriate reply regarding the amount of Rs.34 lakhs and added to the total income of the assessee. Similarly, another sum of Rs.1,88,98,978/- found to be unexplained cash credit u/s.68 of the Act and added to the total income of the assessee u/s.68 of the Act along with Section 115BBE of the Act by assessing total income of the assessee at Rs.2,36,93,040/-. 5. Dissatisfied with the above order, the assessee preferred appeal before the ld. CIT(A), where the appeal of the assessee was partly allowed.
3 ITA No.123-126/Ran/2024 6. Aggrieved by the above order, the assessee is in appeal before the Tribunal raising various grounds, however, the contention of the assessee is that while passing the impugned order the ld.CIT(A) did not consider all the submissions made by the assessee and passed the impugned order simply allowing certain relief to the assessee but the main issue involved in the appeal was undressed by the ld. CIT(A), thereby giving partial relief therefore, at this stage, the matter may be remitted back to the file of the ld.CIT(A) to re-examine the issue regarding the addition sustained by the ld. CIT(A). 7. On the other hand, ld.Sr. DR supported the decisions of the authorities below and stated that the impugned order is correct and there is no need to interfere in the order passed by the ld.CIT(A). 8. We after hearing the rival contentions of the parties and perusing the material available on record, find that in the present case of the assessee, the main grievance of the assessee is relating to two issues before the ld. CIT(A), one is relating to addition of Rs.34 lakhs, which has already been deleted by the ld. CIT(A) and another is relating to addition of Rs.1,88,98,978/- as unexplained cash credit u/s.68 of the Act, where relief was granted to the assessee to the extent of Rs.34,55,500/- but remaining sum of Rs.1,51,63,478/- was upheld by the ld.CIT(A) as there was no proper submission on the part of the assessee before the ld.CIT(A). Therefore, considering the above facts, we find it necessary to remand back the unaddressed issue of Rs.1,51,63,478/- to the file of the ld.CIT(A) with a direction to re-examine the issues and decide the appeal on merits after
4 ITA No.123-126/Ran/2024 considering the submission of the assessee and pass appropriate order in
accordance with law.
The other appeals being ITA Nos.124 to 126/Ran/2024 are identical
to the facts and issue involved in ITA No.123/Ran/2024, our finding will
apply mutatis mutandis to the other appeals also. Accordingly, these
appeals are also allowed for statistical purposes.
In the above terms, all the appeals of the assessee are allowed for
statistical purposes.
Order pronounced in the open court on 09/10/2025.
Sd/- Sd/- (RATNESH NANDAN SAHAY) (SONJOY SARMA) लेखा सदस्य / ACCOUNTANT MEMBER न्यायिक सदस्य / JUDICIAL MEMBER रधाँची Ranchi; दिनांक Dated 09/10/2025 Prakash Kumar Mishra, Sr.P.S. आदेश की प्रनिलिपि अग्रेपर्ि/Copy of the Order forwarded to : अपीलार्थी / The Appellant- . 1.
प्रत्यर्थी / The Respondent- 2. आयकि आयुक्त(अपील) / The CIT(A), 3. आयकर आयुक्त / CIT 4. निभागीय प्रनतनिनर्, आयकि अपीलीय अनर्किण, रधाँची / DR, ITAT, Ranchi 5. गार्ड फाईल / Guard file. 6.
सत्यापपत प्रतत //True Copy// आदेशधिुसधर/ BY ORDER,
(Senior Private Secretary) आयकर अिीिीय अधर्करण, रधाँची / ITAT, Ranchi Date Initial 1. Draft dictated on 03.09.25 Sr.PS 2. Draft placed before author 03.09.25 Sr.PS 3. Draft proposed & placed before the second JM/AM member 4. Draft discussed/approved by Second Member. JM/AM 5. Approved Draft comes to the Sr.PS/PS Sr.PS/PS 6. Kept for pronouncement on Sr.PS 7. File sent to the Bench Clerk Sr.PS 8. Date on which file goes to the OS 9. Date on which file goes to the AR 10. Date of dispatch of Order.
