FARIDABANU SHAIKH,AHMEDABAD vs. WARD 3(3)(1) AHMEDABAD, PRATYAKSHA KAR BHAWAN

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ITA 936/AHD/2024Status: DisposedITAT Ahmedabad22 November 2024AY 2017-18Bench: DR. BRR KUMAR, VICE PRESIDENT MS. SUCHITRA KAMBLE (Judicial Member)4 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal noted that the CIT(A) passed an ex-parte order without proper service of notice. Therefore, the matter was remanded back to the CIT(A) for proper verification and adjudication, ensuring the assessee is given an opportunity of being heard.

What were the facts?

The assessee declared income from a milk selling business. The Assessing Officer made an addition of Rs. 11 lakhs as unexplained money deposited during demonetization, finding the cash books and accumulated cash balance not genuine. The CIT(A) dismissed the assessee's appeal ex-parte.

What were the issues?

Whether the CIT(A) erred in dismissing the appeal ex-parte and upholding the addition of unexplained cash deposits without proper notice to the assessee.

Which sections of the Income-tax Act were involved?

Section 69A,Section 143(1),Section 143(2),Section 142(1)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “ SMC ” BENCH, AHMEDABAD

Before: DR. BRR KUMARMS. SUCHITRA KAMBLE

For Appellant: Shri Chetan Agarwal, A.R
Hearing: 19/11/2024Pronounced: 22/11/2024

] BEFORE DR. BRR KUMAR, VICE PRESIDENT MS. SUCHITRA KAMBLE, JUDICIAL MEMBER आयकर अपील सं / Year : 2017-18 Faridabanu Shaikh The ITO बनाम/ C/o. Humera Packaging Ward-3(3)(1) v/s. Plot No.15,Nr. Sardar Palace Hotel Ahmedabad Sarkhej Sanand Highway, Sanand Ahmedabad – 380 055 (Gujarat) "थायी लेखा सं./PAN: AQGPS 1044 J (अपीलाथ"/ Appellant) ("" यथ"/ Respondent) Assessee by : Shri Chetan Agarwal, A.R. Revenue by : Shri C. Dharani Nath, Sr.DR सुनवाई की तारीख/Date of Hearing : 19/11/2024 घोषणा की तारीख /Date of Pronouncement: 22/11/2024 आदेश/O R D E R

PER MS. SUCHITRA KAMBLE, JUDICIAL MEMBER

1.

This appeal is filed by the Assessee against the order dated 13/12/2023 passed by the Commissioner of Income-tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [hereinafter referred to as “CIT(A)” in short] for Assessment Year (AY) 2017-18.

2.

Grounds of appeal

are as under: “1. The Ld.CIT(A) erred in law as well as on fact in dismissing appeal ex-parte.

2. Ld.CIT(A) erred in law as well as on fact in upholding addition of Rs.11,00,000 made by Ld.AO being cash deposited in bank account.” Faridabanu Shaikh, vs. ITO Ward-3(3)(1) Asst. Year : 2017-18

3.

The assessee filed her return of income for AY 2017-18 on 23/09/2013 declaring income of Rs.1,78,110/-. The assessee, as per the observation of the Assessing Officer (AO), is claimed to have income from milk selling business. The return of income was processed u/s.143(1) of the Income Tax Act, 1961 (hereinafter referred to as “the Act). The case was selected for limited scrutiny with the reason of “large value cash deposits during demonetization period as compared to returned income”. Accordingly, notice u/s.143(2) of the Act was issued on 23/08/2018. Notice u/s.142(1) of the Act was issued along with questionnaire on 11/04/2019. Further, notice u/s.142(1) of the Act was also issued to the assessee on 10/10/2019 respectively. In response to the notices, the assessee furnished written submissions and details. The AO observed that as on 31/03/2016, there was a closing cash book balance of Rs.12,84,371/- which is claimed to have been accumulated over the period of last five years as seen from the cash books submitted for Financial Years (FY) 2010-11 to 2015-16. The AO observed that the cash books and other accounts furnished by the assessee have no genuineness and there was not a single withdrawal towards any of the expenses from the cash books furnished for the last five years. The assessee could not establish the genuineness and, thus, this is an undisclosed amount of Rs.11 lakhs which was deposited during the period of demonetization. Thus, the AO made an addition of Rs.11 lakhs u/s.69A of the Act as unexplained money of the assessee.

4.

Being aggrieved by the assessment order, the assessee filed an appeal before the CIT(A). The CIT(A) dismissed the appeal of the assessee.

5.

The Ld.AR for the assessee submitted that the CIT(A) has passed ex- parte order without giving any notice to the assessee. Faridabanu Shaikh, vs. ITO Ward-3(3)(1) Asst. Year : 2017-18

6.

The Ld.DR for the Revenue relied upon the assessment order and the order of the CIT(A).

7.

We have heard both the parties and perused the material available on record. After going through the file, it appears that there is a delay of 82 days in filing the present appeal for which no explanation has been given by the assessee, but from the perusal of the assessment order and the order of the CIT(A), it reveals that the order of the CIT(A) is ex-parte. Further, in Column 3 (c), the date of service or communication of the order mentioned in Form No.36 is 13/12/2023 and, therefore, we condone the delay. Besides this, the order passed by the CIT(A) is ex-parte and without mentioning any proper service of notice as contained in Paragraph No.4 of the order of the CIT(A). Therefore, it would be appropriate if this matter is remanded back to the file of the CIT(A) for proper verification and adjudication of the issues contested by the assessee before te4h CIT(A). The CIT(A) will adjudicate the same as per the Income Tax Statue. Needless to say, the assessee be given proper opportunity of being heard by following natural justice.

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