What did the Tribunal hold?

The Tribunal found that the assessee had indeed submitted explanations and supporting documents like bank statements and LIC receipts. These documents were not considered by the revenue authorities, leading to an incorrect ex parte assessment.

The assessee's assessment for AY 2017-18 was completed ex parte under Section 144 as the Assessing Officer (AO) claimed no information was filed. The assessee contended that they had appeared before the AO and submitted explanations and documents, which were overlooked.

What were the issues?

Whether the ex parte assessment order passed under Section 144 was valid when the assessee had submitted explanations and evidence that were allegedly not considered by the AO.

Ramesh Sharma vs ITO | s.144 | ITAT Hyderabad 2024

Income Tax Appellate Tribunal, HYDERABAD BENCHES “SMC”, HYDERABAD

Before: SHRI K. NARASIMHA CHARY

Hearing: 15/05/2024

आदेश / ORDER Aggrieved by the order dated 29/12/2023 passed by the learned Commissioner of Income Tax (Appeals)- National Faceless Appeal Centre (NFAC), Delhi (“Ld. CIT(A)”), in the case of Ramesh Sharma (“the assessee”) for the assessment year 2017-18, assessee preferred this appeal. 2. At the outset, learned AR submitted that the learned Assessing Officer concluded the assessment by order dated 23/12/2019 under section 144 of the Income Tax Act, 1961 (for short “the Act”), stating that though called for to furnish information, the assessee did not file any information. Plea was taken before the learned CIT(A) specifically contending that the assessee appeared before the learned Assessing Officer and filed the information and explanation vide letter dated 16/11/2019, but the learned Assessing Officer passed the ex parte assessment order without considering the submissions made by the assessee. In the paper book, the assessee filed evidence to show that the assessee filed certain information by way of explanation and attachments, containing the bank statements etc.

Learned DR submitted that though the assessee submitted covering letter, he did not specify the documents filed along with such covering letter. Learned DR placed heavy reliance on the orders of the Revenue authorities.

On a perusal of the record, I find that the assessee submitted his explanation along with bank account statement and also filed the evidence in support of his claim under chapter VIA of the Act by producing LIC receipts. However, these documents missed the attention of the Revenue authorities, resulting in the assessment order being passed under section 144 of the Act and learned CIT(A) observing that the assessee did not explain the sources of deposits, which is factually incorrect.

I, therefore, set aside the impugned orders and restore the issue to the file of the learned Assessing Officer to consider the explanation and documents filed by the assessee and to take a fresh view according to law.

In the result, appeal of the assessee is treated as allowed for statistical purposes.

RAMESH SHARMA,HYDERABAD vs. INCOME TAX OFFICER -WARD 7(2), HYDERABAD

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