RASIKKUMAR PUNJIRAM THAKKAR,MUDWADA vs. INCOME TAX OFFICER WARD 4, PATAN, PATAN
What did the Tribunal hold?
The Tribunal found that the CIT(A) order was passed ex parte without adequate opportunity to the assessee. Therefore, the issue was remanded back to the CIT(A) for fresh adjudication.
What were the facts?
The assessee appealed an order confirming an addition of Rs. 26,55,500/- for unexplained cash deposits. The CIT(A) had passed the order ex parte due to the assessee's non-compliance with notices.
What were the issues?
Whether the CIT(A) order was passed in violation of natural justice by not providing adequate opportunity to the assessee. Whether the addition for unexplained cash deposits was justified.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “SMC” BENCH, AHMEDABAD
Asstt.Year : 2017-18 Rasikkumar Punjiram Thakkar ITO, Ward-4 AT-Mudwada, Tal. Sidhpur Vs Patan. Dist-Patan Mudwada, Gujarat PAN : AGWPT 8787 H (Applicant) (Responent) : Assessee by None Revenue by : Shri Ravindra, SR.DR सुनवाई क� तारीख/Date of Hearing : 10/10/2024 घोषणा क� तारीख /Date of Pronouncement: 10/10/2024 आदेश आदेश/O R D E R आदेश आदेश
This is assessee’s appeal against the order of the ld.Commissioner of Income Tax (Appeal), National Faceless Appeal Centre (NFAC), Delhi dated 08.12.2023 for the Asst.Year 2017-18 passed under section 250 of the Income Tax Act, 1961 (“the Act” for short).
The grounds raised by the assessee in the appeal reads as under:
A perusal of the above grounds would indicate that the assessee has challenged addition of Rs.26,55,500/- being unexplained cash deposits in bank under section 69A of the Act. Besides, the assessee has also raised a primary issue in the grounds challenging the order of the ld.CIT(A) being passed without providing adequate opportunity to the assessee and thereby violating principle of natural justice.
I have gone through the impugned order of the ld.CIT(A) and I find that the impugned order was passed ex parte owing to non- compliance of various notices by the assessee issued on 18.3.2020, 25.12.2020 and 14.11.2023. The ld.CIT(A) also noted that to prove the case of the assessee, it is essential for the assessee to furnish concrete proof to support its contention and substantiate the nature of cash deposits in the bank. He, thus, confirmed the action of the AO. Considering the orders of the Revenue authorities, I find that in the interest of justice, the assessee shall be provided one more opportunity to defend its case before the Revenue authorities, and for this purpose, I remand the issue back to the ld.CIT(A) with direction to adjudicate the matter afresh after providing reasonable opportunity to the assessee. Needless to add, the assessee shall cooperate and comply with the notice to be issued by the Department in the set aside proceedings before the ld.CIT(A) and should not indulge unwarranted delay tactics.
The appeal of the assessee is allowed for statistical purpose.
Dictated on the Open Court, typed and pronounced on 10th October, 2024.
Copy of this order be given to the assessee. The Registry is directed to dispatch as per procedure.
More judgments on Section 69A
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