SUSHIL KUMAR,NARSINGHPUR vs. ITO, WARD, NARSINGHPUR, NARSINGHPUR
What did the Tribunal hold?
The Tribunal found that the CIT(A) had not properly adjudicated the grounds raised by the assessee and had passed a non-speaking order. The assessee was also deprived of an opportunity to be heard.
What were the facts?
The assessee deposited Rs. 13,38,000/- in cash during the demonetization period. The Assessing Officer made an addition of this amount as unexplained money and assessed income under Section 144. The CIT(A) dismissed the assessee's appeal ex-parte.
What were the issues?
Whether the CIT(A) erred in dismissing the appeal ex-parte without proper adjudication and providing an opportunity of being heard. Whether the addition of Rs. 13,38,000/- as unexplained money was justified.
Which sections of the Income-tax Act were involved?
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- Collector, Land Acquisition v. Mst. Katiji3,926 citing167 ITR 471 · 1987 · SC
Income Tax Appellate Tribunal, JABALPUR BENCH “DB”, JABALPUR
Before: SHRI KUL BHARAT & SHRI, NIKHIL CHOUDHARY
PER KUL BHARAT, VICE PRESIDENT.:
This appeal, by the assessee, is directed against the order of the Learned Commissioner of Income-tax (Appeals)/National Faceless Appeal Centre (NFAC), Delhi dated 02.11.2023 pertaining to the assessment year 2017-18. The assessee has raised the following grounds of appeal: -
“1. That the learned CIT(A) erred in upholding the impugned order of addition made by the Ld. AO under the Assessment proceedings.
That the Ld. CIT(A) erred in passing the order without providing reasonable opportunity of being heard.
That the Ld. CIT(A) erred issuing three notices in the month of September 2023 and rejected the appeal whereas the appeal was file
The order continues below.
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