SH. SATWINDER MOHAN SOOD,FATEHGARH SAHIB vs. ITO, WARD-1, MANDI GOBINDGARH

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ITA 308/CHANDI/2023Status: DisposedITAT Chandigarh24 June 2024AY 2011-12Bench: SHRI. VIKRAM SINGH YADAV (Accountant Member), SHRI. PARESH M. JOSHI (Judicial Member)6 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal set aside the order of the CIT(A) and remanded the matter back for de novo proceedings. The assessee was directed to cooperate and produce all supporting documents for his defense.

What were the facts?

The assessee made significant cash deposits in his bank account during FY 2010-11. The Assessing Officer reopened the case and, after multiple notices and opportunities, made an addition of Rs. 91,62,200/- as unexplained cash deposit due to the assessee's lack of response and supporting evidence. The CIT(A) also passed an ex-parte order sustaining the addition.

What were the issues?

Whether the addition of unexplained cash deposits was justified without proper opportunity and evidence, and whether the ex-parte orders passed by the lower authorities violated principles of natural justice.

Which sections of the Income-tax Act were involved?

Section 147,Section 148,Section 142(1),Section 144,Section 250,Section 253

AI-generated summary — verify with the full judgment below

16.

In the foregoing, we set aside the order of Ld. CIT(A) dt. 23/03/2023 and remand the matter back to the file of Ld. CIT(A) with a direction to conduct denovo proceedings as soon as possible within three months from date of receipt of this order. The assessee to cooperate and produce all material in support of his defence if any. We however caution the assessee that he would be fully cooperative with the Income Tax Authorities.

17.

The impugned order is set aside as and by way of remand.

18.

In the result, appeal of the Assessee is allowed for statistical purposes.

Order pronounced in the open Court on 24/06/2024.

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