BHAGVAN DAS,DAULATHPUR vs. ITO WARD 2(2)(1), FIROZABAD

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ITA 35/AGR/2024Status: DisposedITAT Agra22 April 2025AY 2012-2013Bench: HON’BLE SHRI SATBEER SINGH GODARA, JM AND HON’BLE SHRI MANOJ KUMAR AGGARWAL (Accountant Member)2 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal restored the appeal to the CIT(A) for de novo adjudication, granting the assessee another opportunity to present evidence for the cash deposits. The assessee was directed to substantiate its case promptly.

What were the facts?

The Assessing Officer made an addition of Rs. 39.20 Lacs on account of cash deposits under Section 69A. The assessee claimed the money was from land sale proceeds, but this was rejected by the CIT(A) due to lack of evidence.

What were the issues?

Whether the CIT(A) erred in rejecting the assessee's claim regarding the source of cash deposits without affording sufficient opportunity to present evidence.

Which sections of the Income-tax Act were involved?

Section 69A,Section 144,Section 147

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “SMC” BENCH, AGRA

Before: HON’BLE SHRI SATBEER SINGH GODARA, JM & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM

Pronounced: 22.04.2025

O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. Aforesaid appeal by assessee for Assessment Year (AY) 2012-13 arises out of an order passed by of learned Commissioner of Income Tax (Appeals), NFAC, Delhi [CIT(A)] on 30-11-2023 in the matter of an assessment framed by Ld. Assessing Officer [AO] u/s. 144 r.w.s. 147 of the Act on 29-09-2017. In the assessment order, Ld. AO made addition of cash deposit for Rs.39.20 Lacs u/s 69A. During first appeal, the assessee stated that his father sold certain land and the sale proceeds were deposited in the bank account. However, the said plea was rejected for want of sufficient documentary evidences and the assessment was confirmed. Aggrieved, the assessee is in further appeal before us. The Ld. AR has stated that the assessee is in a position to substantiate its stand and accordingly, prayed for another opportunity of hearing before lower authorities which has been opposed by Ld. Sr. DR.

2.

Keeping in mind the principles of natural justice, we deem it fit to afford another opportunity of hearing to the assessee to substantiate its case before Ld. CIT(A). Accordingly, the impugned order is set aside and the appeal is restored back to the file of Ld. CIT(A) for de novo adjudication after affording reasonable opportunity of hearing to the assessee. The assessee is directed to substantiate its case forthwith.

3.

The appeal stand allowed for statistical purposes as indicated upon conclusion of hearing. Order pronounced u/r 34(4) of Income Tax (Appellate Tribunal) Rules, 1963.

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