TADIKONDA VAMSI MOHAN KRISHNA,GUNTUR vs. INCOME TAX OFFICER, WARD-1(1), GUNTUR
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Income Tax Appellate Tribunal, VISAKHAPATNAM BENCH, VISAKHAPATNAM
Before: SHRI DUVVURU RL REDDY, HON’BLE & SHRI S BALAKRISHNAN, HON’BLE
Per contra, the Learned Departmental Representative [“Ld. DR”] relied on the orders of the Ld. Revenue Authorities and argued in support of the same.
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.
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.
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.
Sd/- Sd/- (दुव्िूरु.आर.एल.रेड्डी) (एस.बालाकृष्णन) (DUVVURU RL REDDY) (S.BALAKRISHNAN) न्याययकसदस्य/JUDICIAL MEMBER लेखासदस्य/ACCOUNTANT MEMBER Dated : 24.07.2024 OKK - SPS
आदेश की प्रतितिति अग्रेतिि /Copy of the order forwarded to:- निर्धाररती/ The Assessee–Tadikonda Vamsi Mohan Krishna, d.No. 16- 1. 8-445, Somavari Street, Old Guntur, Guntur, Andhra Pradesh – 522001. रधजस्व/The Revenue – The Income Tax Officer, Ward-1(1), O/o. ITO, 2. CR Building, Kannavari Thota, Guntur, Andhra Pradesh – 522001. 3. The Principal Commissioner of Income Tax, आयकरआयुक्त (अपील)/ The Commissioner of Income Tax 4. ववभधगीयप्रनतनिधर्, आयकरअपीलीयअधर्करण, ववशधखधपटणम/ DR,ITAT, 5. Visakhapatnam गधर्ाफ़धईल / Guard file 6. आदेशधिुसधर / BY ORDER
Sr. Private Secretary ITAT, Visakhapatnam