ALOK KUMAR B AGARWAL,MUMBAI vs. ITO WD 24(1)(3), MUMBAI
What did the Tribunal hold?
The Tribunal found that the assessee claimed that confirmations for the remaining amount were filed but allegedly ignored. Therefore, the Tribunal decided to remand the appeal back to the Assessing Officer for fresh examination.
What were the facts?
The assessee deposited cash amounting to Rs. 85,47,150/- in bank accounts. The Assessing Officer made an addition of Rs. 21,41,031/- for unexplained cash deposits, which was confirmed by the First Appellate Authority.
What were the issues?
Whether the addition made for unexplained cash deposits is sustainable when the assessee claims to have provided confirmations which were allegedly ignored by the lower authorities.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, MUMBAI BENCHES “A”, MUMBAI
Before: Shri Joginder Singh, & Shri Ramit Kochar
आदेश / O R D E R
Per Joginder Singh (Judicial Member) The assessee is aggrieved by the impugned order dated 20/07/2014 of the Ld. First Appellate Authority, Mumbai, confirming the addition of Rs.21,41,031/- made u/s 68 of the Income Tax Act, 1961 (hereinafter the Act) in respect to return of loans, which were advanced in earlier years.
During hearing, the ld. counsel for the assessee, Shri Mandar Vaidya, claimed that confirmation has been filed by the assessee from the respective parties which was not considered, therefore, the addition has to be deleted. On the other hand, Shri Saurabh Kumar Rai, Ld. DR, strongly defended the addition sustained by the Ld. Commissioner of Income Tax (Appeal) on the ground that the assessee could not discharge the burden cast upon him.
2.1. We have considered the rival submissions and perused the material available on record. Before adverting further, we note that the only grievance of the assessee is that confirmations were duly filed from the concerned parties, which were ignored. It is noted that the assessee deposited cash amounting to Rs.85,47,150/- in three bank accounts during the year under consideration. The assessee, as per the impugned order, explained the source of cash deposit to the extent of Rs.64,29,060/- and for the remaining amount of Rs.21,18,090/- could not be explained. However, before us a strong plea was raised by the assessee that confirmation of the remaining amount was also filed.
Considering the totality of facts and the arguments advanced before us, we deem it appropriate to remand this appeal to the file of the Ld. Assessing Officer. The assessee is directed to produce the concerned parties before the Ld. Assessing Officer, who shall examine the parties and decide afresh in accordance with law. The assessee be given opportunity of being heard. Thus, the appeal of the assessee is allowed for statistical purposes only.
Finally, the appeal of the assessee is allowed for statistical purposes only.
This Order was pronounced in the open court in the presence of ld. representative from both sides at the conclusion of the hearing on 27/03/2018.
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