NAKUL TYAGI,HAPUR vs. ITO, WARD-2(3)(4), HAPUR
Income Tax Appellate Tribunal, DELHI BENCH ‘SMC’, NEW DELHI
Before: Sh. Satbeer Singh Godara
This assessee’s appeal for Assessment Year 2012-13, arises against the CIT(A)/NFAC, Delhi’s DIN & order No.
ITBA/NFAC/S/250/2024-25/1063933810(1) dated
05.04.2024, in proceedings u/s 144 of the Income Tax Act, 1961 (in short
“the Act”).
Heard both the parties at length. Case file perused.
It emerges during the course of hearing that both the learned lower authorities have added the assessee’s cash deposits of Rs.33,15,600/- as unexplained u/s 69 of the Act, in the course of assessment framed on 30.12.2019, as upheld in the ex-parte lower appellate discussion. Nakul Tyagi
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4. The Revenue could hardly dispute the clinching fact emerging from the case file that the CIT(A)/NFAC herein has not decided the assessee’s explanation attributing source of the impugned cash deposits as advances received in plot development by his parents after conversion of the agricultural lands to stock-in-trade etc. It is further noticed that the learned
Assessing Officer himself had partly accepted the assessee’s case to the extent of Rs.16,86,000/- as the only issue herein is the remaining cash deposits in his hands.
Faced with this situation, learned counsel submits that on account of various communication gaps, the assessee could not file a detailed reconciliation of the plot advances vis-à-vis the cash deposits made; and, in view of the fact that the CIT(A)/NFAC has proceeded ex-parte herein, he may be afforded one more effective innings before the Assessing Officer. I find merit in the assessee’s instant last argument as given the fact that there is no speaking adjudication as contemplated u/s 250(6) of the Act in the lower appellate proceedings, larger interest of justice would be met in case the assessee’s instant appeal is restored back to the Assessing Officer for his afresh appropriate adjudication, within three effective opportunities subject to a rider that taxpayer shall Nakul Tyagi
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plead and prove the case at his own risk and responsibility, in consequential proceedings. Ordered accordingly.
This assessee’s appeal is allowed for statistical purposes. Order Pronounced in the Open Court on 07/01/2025. (Satbeer Singh Godara)
Judicial Member
Dated: 07/01/2025
*Subodh Kumar, Sr. PS*