BIJENDRA KUMAR,UTTAR PRADESH vs. ITO, SHAMLI
What did the Tribunal hold?
The Tribunal noted that the deposits were made in the previous year 2009-10, which corresponds to assessment year 2010-11. Since the assessment order was passed for assessment year 2009-10, the matter was restored to the AO for fresh assessment.
What were the facts?
The Assessing Officer (AO) noticed a deposit of Rs. 10,11,050/- in the assessee's savings bank account based on AIR information. The AO made an addition of Rs. 8,53,350/- and determined the total income at Rs. 10,11,050/-. The CIT(A) dismissed the assessee's appeal.
What were the issues?
Whether the assessment order for assessment year 2009-10 was valid when the deposits occurred in the previous year 2009-10 (corresponding to AY 2010-11).
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH “SMC”, NEW DELHI
Before: SHRI S.V. MEHROTRA
O R D E R PER S.V. MEHROTRA, A.M :
This is an appeal filed by the assessee against the order dated 20.07.2016 passed by the Commissioner of Income Tax (Appeals), Muzaffarnagar, u/s 147/144 of the Income Tax Act, 1961 (in short “the Act”) relating to assessment year 2009-10.
Brief facts of the case are that the Assessing Officer, on the basis of AIR information, noticed that the assessee had deposited Rs.10,11,050/- in his Savings Bank Account during the previous year i.e. 2009-10 and, accordingly, query letter was issued to the assessee. In compliance to the notice, the assessee appeared and filed adjournment application and requested to grant more time for compliance which was granted by Assessing Officer. Subsequently none appeared and, therefore, notice u/s 148 was issued to the assessee to file return of income. The assessee filed return of income declaring total income of Rs.1,57,700/-; the Assessing Officer passed assessment order u/s 147/144 of the Act determining the total income at Rs.10,11,050/- after making an addition of Rs.8,53,350/-. Ld. CIT(A) dismissed the assessee’s appeal.
Ld. counsel for the assessee pointed out that the assessment order has been passed for assessment year 2009-10 whereas the deposits, in the bank, were during the previous year 2009-10. He, therefore, submitted that the matter may be restored back to the file of Assessing Officer for proper appreciation of facts. Ld. DR relied on the order of CIT(A).
I have considered the submissions of both the parties and perused the record of the case. Admittedly, the Assessing Officer himself in the assessment order has referred to the AIR information relating to previous year 2009-10 and, therefore, the addition could be made only in assessment year 2010-11. Since the assessment order has been passed u/s 144, therefore, it would be in the interest of justice to restore the matter back to the file of Assessing Officer for re-marshalling the correct facts.
Accordingly, the orders of lower revenue authorities are set-aside and the matter is restored back to the file of Assessing Officer for passing the assessment order de-novo.
In the result, the appeal of the assessee is allowed for statistical purposes. Order pronounced in the open court on this 06th day of February, 2017.
More judgments on Section 147
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- Vinod Agrawal, Kawardha vs Assisstant Commissioner of Income Tax…ITA 666/RPR/2026[2019-20]Status: Heard21 Oct 2026AY 2019-20
- Sar Business Tradelink Private Limited… vs Income Tax Officer, Ward - 1(2), RaipurITA 599/RPR/2026[2014-15]Status: Heard21 Oct 2026AY 2014-15
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- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
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