THE ITO WARD 1 & TPS, THODUPUZHA vs. VARAPPILLYKUDI ABDULRAHIMAN SHOUKATHALI, KOTHAMANGALAM

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ITA 315/COCH/2023Status: DisposedITAT Cochin23 October 2024AY 2014-15Bench: Shri Satbeer Singh Godara (Judicial Member), Shri Amarjit Singh (Accountant Member)3 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal, with the consent of both parties, restored the matter back to the Assessing Officer for re-examination based on the provided reconciliation statement. All other issues were rendered academic.

What were the facts?

The appeals concern an addition of unexplained money under Section 69A. The assessee has filed a reconciliation statement for the impugned cash deposits, and the revenue has raised an issue regarding the admission of additional evidence by the CIT(A).

What were the issues?

The primary issue is the validity of the Section 69A addition for unexplained money. A secondary issue concerns the admission of additional evidence by the CIT(A) without a remand report.

Which sections of the Income-tax Act were involved?

Section 69A,Section 250

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, COCHIN BENCH, COCHIN

Before: Shri Satbeer Singh Godara & Shri Amarjit Singh

For Appellant: Shri Joseph Markos, Advocate
For Respondent: Dr. S. Pandian, CIT-DR
Hearing: 22.08.2024Pronounced: 23.10.2024

O R D E R Per Bench These assessee’s and Revenue’s cross appeals ITA.Nosa.294 & 315/ Coch/2023, for A.Y. 2014-15, arise against the National Faceless Appeal Centre, Varappillykkui Abdulrahiman Shoukathali Delhi [CIT(A)]’s DIN & Order No. ITBA/NFAC/S/250/2022-23/1050313473(1) dated 02.03.2023 in proceedings u/s. 250 of the Income Tax Act, 1961 (the Act).

Heard both the parties at length. Case files perused.

2.

It emerges at the outset that the sole substantive ground which arises for our apt adjudication is that of the correctness of section 69A unexplained money addition of Rs. 5,06,65,159/- made in the case assessment/reassessment dated 30.03.2022 as restricted o the extent of Rs. 3,58,88,558/- only in the CIT(A)’s lower appellate discussion. The Revenue’s appeal 46A of the I.T. Rules, 1962 that the learned CIT(A) had admitted the assessee’s additional evidence without calling for a detailed remand report from the Assessing Officer.

3.

Learned counsel at this stage has filed assessee’s reconciliation statement of the impugned cash deposits in a paper book running into 61 pages. He invites our attention to the reconciliation complied at pages 1 to 13 and states that he has no objection in case the Assessing Officer reexamine the matter in yet another effective innings.

4.

That being the case, we are of the considered view that all other rival pleadings herein stand rendered academic once the foregoing reconciliation statement is restored back to the Assessing Officer with the consent of the parties. Ordered accordingly.

5.

These appeals of the assessee’s and the Revenue’s cross-appeals ITA.Nos.294 & 315/Coch./2023 are allowed for statistical purposes in above terms. A copy of this common order be placed in the respective case files.

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