KALATHINDAVIDA MUHAMMAD RIYAS,KANNUR vs. ITO, WARD-4, KANNUR
What did the Tribunal hold?
The Tribunal held that the CIT(A) wrongly dismissed the appeal ex-parte for non-prosecution without considering the merits. The matter was remanded to the CIT(A) for a fresh disposal on merits.
What were the facts?
The assessee, an agent for a charitable society, made cash deposits of Rs. 7,90,500 during demonetisation. The Assessing Officer added this amount to the assessee's income as unexplained cash deposits after the assessee failed to provide evidence.
What were the issues?
Whether the CIT(A) erred in dismissing the appeal for non-prosecution without applying its mind to the facts and grounds of appeal.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(2)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- CIT v. B.N. Bhattacharya & Another1,656 citing118 ITR 461 · 1997 · SC
- PCIT v. Premkumar Arjundas Luthra132 citing279 CTR 614 · HC
Income Tax Appellate Tribunal, COCHIN BENCH
Before: SHRI INTURI RAMA RAO, AM
O R D E R This appeal filed by the assessee is directed against the order of the National Faceless Appeal Centre, Delhi [CIT(A)] dated 28.02.2024 for Assessment Year (AY) 2017-18.
Brief facts of the case are that the assessee is an agent of Janatha Charitable Society and is engaged in the business of distribution of milk and milk products. The assessee filed his return of income for AY 2017-18 on 31.03.2018 disclosing a total income of Rs. 2,97,120/-.The case was selected for scrutiny u/s. 143(3) of the Income Tax Act, 1961 (the Act) to verify the source of cash deposits Kalathindavida Muhammad Riyas made during the demonetisation period amounting to Rs. 7,90,500/-. Notice u/s. 142(1) of the Act was issued to the assessee asking to submit the documentary evidences in support of the source of cash deposits in his bank account. The assessee failed to file any reply to the notice. Hence the Income Tax Officer, Ward -4, Kannur (hereinafter “the AO”) completed the assessment assessing the total income of the assessee at Rs. 10,987,620/- by making an addition of Rs. 7,90,500/- as unexplained cash deposits.
Being aggrieved, an appeal was filed before the CIT(A), who vide the impugned order dismissed the appeal exparte for non prosecution placing reliance on the judgement of the Hon'ble Supreme Court in the case of CIT vs. B.N. Bhattachargee & Another 118 ITR 461.
Being aggrieved, the assessee is in appeal before the Tribunal in the present appeal.
When the appeal was called none appeared on behalf of the assessee nor is there any application for adjournment. Therefore, I proceed to dispose the appeal after hearing the learned Sr. DR.
I find that the learned CIT(A), without averting to the statement of facts and the grounds of appeal raised before him, merely dismissed the appeal in limine for non prosecution. This would only demonstrate that the CIT(A) has dismissed the appeal without any application of mind which is contrary to the decision of the Hon'ble Bombay High Court in the case of PCIT vs. Premkumar Arjundas Luthra 279 CTR 614. Therefore, in the light of the above legal Kalathindavida Muhammad Riyas position I am of the considered view that the matter requires to be remanded to the file of the CIT(A) with the direction to dispose of the appeal de novo on merits after affording reasonable opportunity of hearing to the assessee.
In the result, the appeal filed by the assessee is allowed for statistical purposes
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