EBRAHIM ADAM KORADIA,MUMBAI vs. ITO WD 13(3)(4), MUMBAI
What did the Tribunal hold?
The Tribunal noted that the assessee had filed an affidavit and additional evidence, and had lodged a police complaint alleging forgery and cheating. The Tribunal decided to remand the matter to the Assessing Officer to examine the additional evidence and the outcome of the police complaint.
What were the facts?
The assessee's appeal concerns an addition of Rs. 11,50,800/-. The assessee claimed that the bank account was opened and operated by unknown persons in their name, and they had lodged a police complaint regarding this fraud.
What were the issues?
Whether the addition made by the Assessing Officer was justified when the assessee claimed their identity was misused and had filed a police complaint for forgery and cheating.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, MUMBAI BENCHES “SMC”, MUMBAI
Before: Shri Joginder Singh,
आदेश / O R D E R The assessee is aggrieved by the impugned order dated 25/03/2014 of the Ld. First Appellate Authority, Mumbai. The only ground raised in this appeal pertains to confirming the addition of Rs.11,50,800/-.
During hearing, the crux of argument advanced by Shri M. Subramanian, ld. counsel for the assessee, is that addition was made on the basis of bank account opened and operated by some other persons in the name of the assessee and such persons are unknown to the assessee. The ld. counsel explained that the entire credit was added as income of the assessee and when the assessee came to know about the factual matrix, a police complaint was lodged along with a complaint to other authorities. My attention was invited to page -8 of the paper book. The assessee also filed additional papers which could not be filed as the same were not available with the assessee during earlier proceeding. On the other hand, the ld. DR, Shri A.K. Dhondial, defended the addition by contending that it was the duty of the assessee to remain vigilant as his account/name was misused by some persons, thus, the addition was rightly made.
2.1. I have considered the rival submissions and perused the material available on record. Under the facts, narrated hereinabove, it is noted that the assessee duly filed an affidavit dated 27th October, 2015 stating the reasons therein, by stating that proper opportunity was not provided to him. The assessee has filed certain additional papers before this Tribunal stating that the same could not be furnished before the Assessing Officer as he was grappling with a situation that an account was opened and operated in his name by some unscrupulous persons against the assessee itself, meaning thereby, if it is true, then it can be said that fraud was committed against the assessee. The case of the assessee is further fortified by the fact that when he came to know about these facts on 12/12/2008 (page-8 of the paper book) he lodged a complaint with the senior Inspector of the Police and further copies to the Home Minister, Govt. of India, Dy. Chief Minister and Home Minister of the State, Commissioner of Police, Joint Commissioner of Police (Crime Branch) and regional head (Mumbai) of R.B.I. and complaint against the Bank/officers of the bank and unknown persons for the offence of forgery and cheating, punishable, under Indian Penal Code, in such a situation is the bounded duty of the authorities/courts to look into the matter, if it is true, instead of making a addition against the assessee. In view of the above observation, I remand the additional evidence, filed before this Tribunal, to the file of the ld. Assessing Officer, to examine the claim of the assessee and decide in accordance with law. The ld. AO is also directed as what is the outcome of the complaint filed by the assessee on 12/12/2008. The assessee is at liberty to furnish evidence, if any, in support of his claim, for which due opportunity be provided to the assessee, thus, the appeal of the assessee is allowed for statistical purposes.
Finally, the appeal of the assessee is allowed for statistical purpose.
This order was pronounced in the open Court in the presence of ld. representative from both sides at the conclusion of the hearing on 07/01/2016.
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