SARVPREET SINGH,DELHI vs. ASSESSSING OFFICER, DELHI
What did the Tribunal hold?
The Tribunal noted that the assessee did not appear, but the Ld. AR submitted written submissions. Considering the facts and the case of a co-appellant where similar issues were remanded, the Tribunal decided to remit the issues back to the Assessing Officer for fresh adjudication.
What were the facts?
The assessee filed an income tax return declaring income of Rs. 3,14,900/-. The AO, however, computed total taxable income at Rs. 25,06,900/- after making an addition of Rs. 21,92,000/- on account of cash deposit. The assessee contended that all information and documentary evidence were provided and the addition was unjustified.
What were the issues?
Whether the addition made by the AO on account of cash deposit was justified and whether the assessee was provided with adequate opportunity to present evidence.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH ‘SMC’’ : NEW DELHI
Asstt. Year : 2017-18 SARVPREET SINGH, VS. ASSESSING OFFICER, F-18, MANSAROVAR GARDEN, CIVIC CENTRE, NEW DELHI NEW DELHI – 110 015 (PAN: ABJPS5404J) (Appellant) (Respondent) Appellant by : None Respondent by : Ms. Harpreet Kaur Hansra, Sr. DR Date of Hearing 09.09.2025 Date of Pronouncement 09.09.2025 ORDER This appeal by the assessee is emanating from the order of the National Faceless Appeal Centre (NFAC), Delhi dated 24.04.2025 relating to assessment year 2017-18.
None appeared on behalf of the assessee, despite issue of notice, thus, I am proceeding exparte qua the assessee, after hearing the Ld. DR and perusing the records. However, it is noted that Ld. AR has submitted the Written Submissions wherein, it has been stated the assessee filed his income tax return on 05.08.2017 declaring it at income of Rs. 3,14,900/-. It was the further contention that notice u/s. 142(1) and 143(2) of the Act were issued and all the information, as called for, were filed during income tax proceedings but ignoring all the replies / documentary evidences, AO computed the total taxable income at Rs. 25,06,900/- vide order dated 25.11.2019 after making an addition of Rs. 21,92,000/- on account of cash deposit in her State Bank of India saving A/c No. 10505620802, without giving due opportunity. It was further submitted that the case was time barring on 31.2.2019, but order was passed on 23.11.201 without giving any further opportunity for any clarification. It was further contended that the cash deposit of Rs. 21,92,000/- was fully justified and it was also submitted during the income tax proceedings which was done out of receipts, bank withdrawals, savings, gift etc. and further submitted that assessee has all the requisite documentary evidences in support of cash deposit of RS. 21,92,000/- during AY 2017-18 and can produce if the matter is remitted back to the AO for deciding the issues afresh, after giving adequate opportunity of being heard to the assessee. It was further submitted that addition of Rs. 18,00,000/- was also made on the similar grounds in the case of Mrs. Harvinder Kaur, mother of the assessee, whose case was also set aside and sent back to the AO for reassessment by the ITAT vide order dated 19.1.2023 in (AY 2017-18) and accordingly the said case was reassessed and the fresh income tax assessment order was passed at the returned income filed by the assessee. In view of above, it was contended that similarly the instant case may also be remanded back to the file of the AO for fresh adjudication, after verification of all the documentary evidences in respect of cash deposits.
2 | P a g e 2.1 In view of the aforesaid factual matrix and in the interest of justice, I remit back the issues to the file of the Assessing Officer with the directions to decide the same afresh, after verifying each and every documentary evidence in respect of cash deposits in dispute, to be filed by the Assessee, for which Ld. DR has no objection. I hold and direct accordingly. However, the assessee is directed through his Ld. AR to fully cooperate with the AO during the proceedings.
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