TADIKONDA VAMSI MOHAN KRISHNA,GUNTUR vs. INCOME TAX OFFICER, WARD-1(1), GUNTUR

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ITA 235/VIZ/2023Status: DisposedITAT Visakhapatnam24 July 2024AY 2013-14Bench: SHRI DUVVURU RL REDDY, HON’BLE (Judicial Member), SHRI S BALAKRISHNAN, HON’BLE (Accountant Member)6 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal noted that the AO failed to provide specific details of the bank where the cash deposits were made. Therefore, the matter was remitted back to the AO to provide these details and for the assessee to furnish supporting evidence.

What were the facts?

The assessee did not file a return of income for AY 2013-14. The AO initiated reassessment proceedings based on information of cash deposits in the assessee's bank account. The assessee eventually filed a return, but the AO considered it invalid and completed the assessment to the best of his judgment.

What were the issues?

Whether the reassessment proceedings were valid without specific bank details of cash deposits and without issuing a notice under Section 143(2).

Which sections of the Income-tax Act were involved?

Section 147,Section 143(3),Section 148,Section 142(1),Section 144,Section 143(2)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, VISAKHAPATNAM BENCH, VISAKHAPATNAM

Before: SHRI DUVVURU RL REDDY, HON’BLE & SHRI S BALAKRISHNAN, HON’BLE

Hearing: 11/06/2024
5.

We have heard both the sides and perused the material available on record as well as the orders of the Ld. Revenue Authorities. It is an undisputed fact that the Ld. AO has not mentioned about the details of the bank account while framing the assessment as evident in para 4 of the assessment order. However, it is also noticed from the assessment order that the 5 assessee has provided a copy of the bank account with SBI, Guntur Branch wherein these cash deposits were not reflected in that bank account. The onus is on the Ld. AO to provide the details of the bank wherein the cash deposits to the extent of Rs. 1,23,17,700/- were made by the assessee whereas the Ld. AO has failed to provide the same to the assessee in the present case. We therefore deem it fit to remit the matter back to the file of the Ld. AO to provide the details of the Bank and the Branch along with the dates of the cash deposits to the assessee. We also direct the assessee to furnish evidences in support of his contentions before the Ld. AO. It is ordered accordingly.

6.

Since the core issue of addition of Rs. 1,23,17,700/- has been remitted back to the file of the Ld. AO, the adjudication of the Grounds of Appeal as well as the Additional Ground of Appeal raised by the becomes merely an academic exercise.

7.

In the result, appeal of the assessee is allowed for statistical purposes as indicated herein above.

6 Pronounced in the open Court on 24th July, 2024.

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