SANJAY AGARWAL,HYDERABAD vs. INCOME TAX OFFICER, WARD-4(4), HYDRABAD
What did the Tribunal hold?
The Tribunal, considering the ex-parte nature of the orders and the assessee's explanation for non-compliance, restored the issue to the Assessing Officer. The assessee was granted one final opportunity to substantiate their case with documentary evidence.
What were the facts?
The Assessing Officer made an addition of Rs. 2,25,86,518/- under Section 69A as unexplained income due to the assessee's failure to respond to notices. The CIT(A) confirmed this addition ex-parte. The assessee claimed he could not respond due to personal and family medical emergencies.
What were the issues?
Whether the assessee should be granted an opportunity to present their case when non-compliance was due to extenuating personal circumstances, and whether the ex-parte assessment order should be set aside.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, Hyderabad ‘B‘ Bench, Hyderabad
Before: Shri R.K. Panda, Vice- & Shri Laliet Kumar
आयकर अपील�य अ�धकरण, हैदराबाद पीठ IN THE INCOME TAX APPELLATE TRIBUNAL Hyderabad ‘B‘ Bench, Hyderabad Before Shri R.K. Panda, Vice-President AND Shri Laliet Kumar, Judicial Member आ.अपी.सं /ITA 531/Hyd/2023 (िनधा�रण वष�/ Assessment Year: 2017-18 Shri Sanjay Agarwal Vs. ITO Hyderabad Ward 4(4) PAN:AIIPA0998F Hyderabad (Appellant) (Respondent) िनधा��रती �ारा/Assessee by: Shri K.A. Sai Prasad, CA राज� व �ारा/Revenue by:: Smt. Sheetal Sarin, DR सुनवाई की तारीख/Date of hearing: 09/01/2024 घोषणा की तारीख/Pronouncement: 09/01/2024 ORDER
Per R.K. Panda, Vice-President
This appeal filed by the assessee is directed against the order dated 26.09.2023 of the learned CIT (A)-NFAC Delhi, relating to A.Y.2017-18.
Although a number of grounds have been raised by the assessee, however, these all relate to the ex-parte order passed by the learned CIT (A) NFAC confirming the addition of Rs.2,25,86,518/- made by the Assessing Officer u/s 69A of the I.T. Act.
Facts of the case, in brief, are that the assessee is an individual and filed his return of income on 30.10.2017 declaring
taxable income of Rs.5,85,180/- under the head “income from house property” and “income from business”. The case was selected for complete scrutiny under CASS and accordingly statutory notices u/s 143(2) and 142(1) of the I.T. Act, 1961 were issued and served on the assessee calling for certain information to be submitted electronically through his e-filing account. However, despite number of opportunities granted by the Assessing Officer, the assessee did not respond to any of the notices. The Assessing Officer, therefore, proceeded to complete the assessment u/s 144 of the I.T. Act based on the information available with the Department. The Assessing Officer during the course of assessement proceedings noted that the entire credit reflected in all the bank accounts held by the assessee amounted to Rs.2,25,86,518/-. Since the assessee failed to give any explanation about the nature and source of the credits appearing in the Bank Account, the Assessing Officer treated the amount of Rs.2,25,86,518/- as unexplained income u/s 69A of the I.T. Act and added the same to the total income of the assessee. The income so assessed was taxed u/s 115BBE of the I.T. Act @ 60%.
3.1 Since the assessee did not appear before the learned CIT (A) NFAC despite number of opportunities granted, the learned CIT (A) NFAC in the ex-parte order passed by him sustained the addition made by the Assessing Officer by observing as under:
Aggrieved with such order of the learned CIT (A) NFAC, the assessee is in appeal before the Tribunal.
The learned Counsel for the assessee at the outset submitted that at the relevant time the wife of the assessee was suffering from cancer and was undergoing chemotherapy. Further, the assessee was recovering from 2nd heart stroke coupled with the broken engagement of his daughter in the month of Dec. 2019. Therefore, the assessee was unable to attend to the statutory notices issued by the Assessing Officer as well as the learned CIT(A) NFAC. He submitted that in the interest of justice, the assessee should be given an opportunity to substantiate his case by filing the requisite documents. The learned Counsel for the assessee also drew the attention of the Bench to the various medical reports to the effect that his wife was suffering from cancer and that he was undergoing treatment at the AIG Hospital due to heart stroke.
The learned DR, on the other hand, submitted that the assessee did not respond to the statutory notices issued by the Assessing Officer as well as by the learned CIT (A) NFAC, therefore, the order of the learned CIT (A) NFAC should be upheld.
We have heard the rival arguments made by both the sides, perused the orders of the AO and the learned CIT (A) and the paper book filed on behalf of the assessee. We find the AO in the instant case in the absence of any details filed by the assessee to substantiate the source of deposits in various bank accounts maintained by him, made addition of Rs.2,25,86,518/- u/s 69A of the Act as unexplained money and taxed the same u/s 115BBE of the Act. We find the learned CIT (A) NFAC in the ex-parte order passed by him sustained the addition made by the Assessing Officer the reasons of which have already been reproduced in the preceding paragraph. It is the submission of the learned Counsel for the assessee that due to the suffering of his wife from cancer who was undergoing chemotherapy and since the assessee was undergoing treatment for 2nd heart stroke coupled with broken engagement of his daughter, the assessee was mentally disturbed and depressed for which he could not respond to the statutory notices issued by the Assessing Officer and the learned CIT (A) NFAC. It is also his submission that given an opportunity, the assessee is in a position to substantiate his case with documentary evidences to the satisfaction of either of the lower authorities. Considering the totality of the facts of the case and in the interest of justice and considering the fact that the Assessing Officer has also passed ex-parte order u/s 144 of the I.T. Act, we deem it proper to restore the issue to the file of the Assessing Officer with a direction to grant one final opportunity to the assessee to substantiate his case by filing the requisite details Page 5 of 6
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