ABRAHAM NELSON ASIR PRATHAB ASIR,KANYAKUMARI vs. ITO, WARD 3, NAGERCOIL
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Income Tax Appellate Tribunal, ‘C’ BENCH: CHENNAI
Before: SHRI MAHAVIR SINGH & SHRI JAGADISH
आदेश / O R D E R
PER JAGADISH, A.M : Aforesaid appeal filed by the assessee is against the order of Learned Commissioner of Income Tax, National Faceless Appeal Centre (NFAC), Delhi [hereinafter “CIT(A)”] dated 11.02.2024 in the matter of assessment framed by Ld. Assessing Officer [AO] u/s 143(3) of the Income Tax Act, 1961 (hereinafter “the Act”) on 17.12.2019.
ITA No.951/Chny/2024 :- 2 -:
The only effective ground of appeal in this appeal of assessee is
against confirming the addition of the cash deposit of Rs. 15,00,000/-
during demonetization period u/s. 69A of the Act and computing the
tax at the enhanced rate of tax u/s. 115BBE of the Act.
The assessee is an individual and filed return of income
declaring total income of Rs. 4,48,060/-. The assessee has made
cash deposit of Rs. 15,00,000/- on 16.11.2016 in his saving bank
account with Canara Bank during demonetization period. The
assessee before A.O has explained that the cash deposit was out of
sale proceeds of agricultural land made by his father. However, the
assessee was not able to produce the details of sales and therefore,
A.O has made addition of Rs. 15,00,000/- u/s. 69 of the Act and levied
tax @60% u/s. 115BBE of the Act. On appeal, the Ld. CIT(A) has
confirmed the addition as the assessee has offered the cash deposit in
want of documents and also confirmed computation of tax u/s.
115BBE of the Act.
The Ld. Authorized Representative (A.R) of the assessee before
us has submitted the sale deeds in Survey No.79/3&8 in Document
No.3726/2016, Survey No.17/9A in Document No.4164/2016, Survey
ITA No.951/Chny/2024 :- 3 -:
No.17/9A in Document No.4165/2016 and Survey No.19/2A in
Document No.666/2017 which were not available at the time of
assessment and CIT(A) proceeding, in terms of Rule 29 of Income-tax
Appellate Tribunal Rules, 1963 (hereinafter “the Rules”) in support his
contention before the A.O that the cash deposits were out of sale of
agricultural property of his father. The Ld. AR has requested to admit
the additional evidences and remit the matter back to the A.O in the
interest of justice.
The Ld. Departmental Representative (DR), on the other hand,
has relied on the orders of lower authorities and prayed to reject Ld
AR’s request.
We have heard the rival submissions, and perused the materials
available on record. The assessee has deposited cash of
Rs.15,00,000/- during demonetization period and explained the source
of cash as money received from his father on sale of agriculture land.
However, the assessee could not produce the necessary documents.
The assessee has not produced these documents even before Ld.
CIT(A) as well. The assessee before us has now submitted the sale
deed documents of four properties in support of his contention that
ITA No.951/Chny/2024 :- 4 -:
cash was deposited out of sale proceed of above lands. The assessee has requested to accept these additional evidences as these documents are core to decide the issue and necessary for substantial justice. We have considered Ld. AR’s request and admit the above documents as these documents are crucial to decide the case. We therefore, remit the matter back to the file of A.O to examine these documents and decide the case afresh. Thus, the appeal filed by the assessee is allowed for statistical purposes only.
In the result, the appeal filed by the assessee is allowed for statistical purposes.
Order pronounced in the open Court on 24th October, 2024.
Sd/- Sd/- (महावीर िसंह) (जगदीश) (Jagadish) (Mahavir Singh) उपा� / Vice President लेखा लेखा सद�य लेखा लेखा सद�य सद�य /Accountant Member सद�य चे�नई/Chennai, �दनांक/Dated: 24th October, 2024. EDN/- आदेश क� �ितिल�प अ�े�षत/Copy to: 1. अपीलाथ�/Appellant 2. ��थ�/Respondent 3. आयकर आयु�/CIT, Nagercoil 4. िवभागीय �ितिनिध/DR 5. गाड� फाईल/GF
