PIYUSH JAYANTILAL SHAH,MUMBAI vs. ITO WD. 18(2)(3) NEW 21(2)(5), MUMBAI
What did the Tribunal hold?
The Tribunal held that in the interest of natural justice, the assessee should be given another opportunity to explain the bank deposits. The matter was restored to the AO for fresh examination.
What were the facts?
The Assessing Officer (AO) made an addition of Rs. 17,89,490/- as unexplained bank deposits based on AIR information. The assessee denied the deposits, but could not furnish an explanation to the AO. Before the CIT(A), the assessee provided additional evidence and explanations.
What were the issues?
Whether the assessee was denied a proper opportunity to explain the unexplained bank deposits, and if additional evidence should be admitted.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “H” Bench, Mumbai
Before: Shri B.R. Baskaran (AM) & Shri Amit Shukla (JM)
O R D E R Per B.R. Baskaran (AM) :-
The appeal filed by the assessee is directed against the order dated 01- 02-2016 passed by Ld CIT(A)-33, Mumbai and it relates to the assessment year 2006-07. The assessee is aggrieved by the decision of Ld CIT(A) in confirming the addition of Rs.17,89,490/- made by the AO towards unexplained bank deposits u/s 68 of the Act.
We heard the parties and perused the record. The AO received AIR information to the effect that the assessee has deposited cash aggregating to Rs.17,89,490/- in IDBI Bank. The assessee denied the same and hence the AO called for details from the bank. When the details were confronted to the assessee, he could not furnish any explanation and hence the AO assessed the above said amount as income of the assessee. Before Ld CIT(A), the assessee furnished explanations and additional evidences. Hence the Ld CIT(A) called for 2 Piyush Jayantilal Shah a remand report from the AO. However the AO objected to the admission of additional evidences. Before Ld CIT(A), the assessee submitted that he actually attended before the AO on 30.12.2008 and hence he did not have time to offer any explanation. According to the assessee, the AO passed the assessment order by dating it on 29-12-2008. Accordingly he pleaded for admission of additional evidences and explanations. The Ld CIT(A) did not accept the contentions of the assessee and accordingly confirmed the addition.
Having heard rival submissions, we are of the view that, in the interest of natural justice, the assessee should be provided with one more opportunity to offer explanations with regard to the deposits made into the bank account. Accordingly we set aside the order passed by Ld CIT(A) and restore the matter to the file of the AO with the direction to examine the same afresh by duly considering the information and explanations that may be furnished by the assessee and take appropriate decision in accordance with the law.
In the result, the appeal filed by the assessee is treated as allowed for statistical purposes. Order has been pronounced in the Court on 8.12.2016
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