ANIL VISHNU MANDUSKAR,THANE vs. ASST CIT CIR 1, THANE
What did the Tribunal hold?
The Tribunal decided to give the assessee one more opportunity to explain the difference in professional receipts. The matter was remitted back to the AO for fresh adjudication.
What were the facts?
The assessee declared professional and director's salary income. The AO made an addition of Rs. 1,16,000/- on account of unexplained professional receipts, as the assessee could not explain the difference in Form 26AS. The CIT(A) confirmed the addition.
What were the issues?
Whether the addition made by the AO on account of unexplained professional receipts based on Form 26AS is sustainable without providing a further opportunity to the assessee to explain the discrepancy.
Which sections of the Income-tax Act were involved?
Section 143(3),Section 203AA
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “A” BENCH: MUMBAI
Before: Hon’ble Sri Mahavir Singh, JM & Hon’ble Sri Ramit Kochar, AM
Date of Hearing: 28-06-2016 Date of Pronouncement: 28-06-2016 ORDER Shri Mahavir Singh, Judicial Member: This appeal of the assessee is arising out of the order of CIT(A) in Appeal No. THN/CIT(A)-II/Cir.1/Thn/581/2011-12 dated 06-03-2014. Assessment was framed by ACIT, Cir-1, Thane for the assessment year 2009-10 u/s 143(3) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) vide his order dated 09-11-2011.
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.
Anil Vishnu Manduskar A-JM 1
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
Sd/- Sd/- RAMIT KOCHAR MAHAVIR SINGH ACCOUNTANT MEMBER JUDICIAL MEMBER Dated :28-06-2016 *PP /Sr.P.S.
Anil Vishnu Manduskar A-JM 2 Copy of the order forwarded to:
1. 1. Appellant/Assessee: Anil Vishnu Manduskar 9 Surachi Annexe, Dr. Moose Road, Thane (Wes) 400602. 2 Respondent : The ACIT, Cir-(1), Ashar IT Park, 6th Floor, Road No. 16Z, Wagle Industrial Estate, Thane-400604.
3. The CIT, 4. The CIT(A), Mumbai 5. DR, Mumbai Benches, Mumbai True Copy, By order, / Asstt. Registrar
Anil Vishnu Manduskar A-JM 3
Recent GST High Court judgments
Search GST case law →- Ritu Gautam Proprietor Of Ms Heritage International vs. Additional Commissioner Central Goods And Services Tax Appeals Ii Delhi & Anr.Delhi · 27 Oct 2026
- Sutha vs. The State Tax Officer(Inspection-3)Madras · 27 Oct 2026
- M/S.Sri Satya Sai Constructions vs. The State Of Andhra PradeshAndhra Pradesh · 27 Oct 2026
- Anisha Busa vs. Sibar Institute Of Dental SciencesAndhra Pradesh · 27 Oct 2026
- M/S.Sri Satya Sai Constructions vs. The State Of Andhra PradeshAndhra Pradesh · 27 Oct 2026