ANIL VISHNU MANDUSKAR,THANE vs. ASST CIT CIR 1, THANE

The only issue in this appeal of assessee is against the order of the CIT(A) confirming the action of the AO making addition in respect of income by way of professional receipts on the basis of Form 26AS being Annual Tax Statement issued u/s. 203AA of the Income tax Act, 1961.

At the outset, it is noticed that the notice for hearing was sent by Regd Post (A/D) on two-three occasions, but the assessee did not turn up today. Also none appeared on behalf of the assessee. Due to smallness of amount involved in this appeal, we decided the dispose of the appeal on merits ex-parte.

We have heard the rival contentions and gone through the facts and circumstances of the case. We find that the assessee has filed his return of income declaring the income on account of profession as well as salary as director for a sum of Rs.1,07,50,250/-. The assessee during the course of assessment proceedings filed revised total income by including additional professional receipts of Rs.1,74,000/-. The AO on verification noticed still there was a difference of Rs.1,16,000/-. The assessee could not explain the difference. Hence, he made the addition. Aggrieved, the assessee preferred appeal before the CIT(A). He also confirmed the action of the AO only on the reason that the assessee has not furnished any clarification from the deductor in respect of issue of incorrect certificate in Form No. 16A reflecting the professional receipts of Rs.5,22,000/-. We are of the view that let this fact again be allowed to be controverted by the assessee. Hence, one more opportunity should be given to the assessee by the AO. Accordingly, we remit the matter back to the file of the AO for fresh adjudication. The AO is directed to allow reasonable opportunity to the assessee for the same.

In the result, the appeal of the assessee is allowed for statistical purpose. Order pronounced in the open court on 28 .06.2016