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ORDER / आदेश This is an appeal preferred by the assessee against the order dated 21.11.2023 passed by the Ld. Commissioner of Income Tax (Appeals) – Addl/JCIT(A)-1, Coimbatore (hereinafter referred to as the “Ld. CIT(A)”] arising out of the order of assessment order dated 16.12.2019 passed by the AO under Section 143(3) of the Income Taz Act, 1961 [hereinafter referred to as the ‘Act’] for the AY 2017-18.
The matter relates to addition of Rs.8,56,500/- made under Section 68 of the Income Tax Act, 1961 (hereinafter referred to ‘the Act’) for Assessment Year 2017-18 on account of unexplained cash deposit during demonetization period.
Assessment Year: 2017-18 Atanu Kundu 3. At the time of hearing of the instant appeal the Learned counsel appearing for the assessee submitted before us that though the audited books of accounts was submitted before the authorities below the actual cash book was not duly filed and the case made out by the assessee was, therefore, not considered in its proper perspective by the authorities below and addition was made. In that view of the matter, she prayed for liberty to produce the said cash book before the Learned Assessing Officer for consideration of the same while deciding the issue afresh which has not been objected by the Learned DR with all his fairness.
We, thus, having regard to the above facts and circumstances of the matter, find it fit and proper to remit the issue to the file of the Learned AO to consider the same afresh taking into consideration the cash book to be filed by the assessee and any other evidence which the assessee may choose to file in support of the case made out. The Learned AO is further directed to grant an opportunity of being heard to the assessee while deciding the issue and to pass a reasoned order in accordance with law.The appeal preferred by the assessee is, thus, allowed for statistical purposes
In the result, assesse’s appeal is allowed for statistical purposes.
Order is pronounced in the open court on 16th October, 2024
Madhumita Roy (मधु�मता राय) Judicial Member/�या�यक सद�य Dated: 16th October, 2024 SM, Sr. PS Copy of the order forwarded to:
1. 1. Appellant- Atanu Kundu, 35B, Bondel Road, Ballygaunge, Kolkata-700019.
2. Respondent – ITO, Ward-30(1), Kolkata 3. Ld. Ld. CIT(A)-Addl./JCIT(A)-1, Coimbatore 4. Ld. Pr. CIT- , Kolkata 5. DR, Kolkata Benches, Kolkata (sent through e-mail)