2018 (5) TMI 2079 - AT - Income Tax

ITAT Delhi remands case for fresh assessment emphasizing natural justice principles

The ITAT Delhi partially allowed the appeal of the assessee, remanding the case back to the Assessing Officer for a fresh assessment. The Tribunal found ... Addition u/s 68 on account of unexplained cash credits - HELD THAT:- It is pertinent to note that the documents which were produced before the Assessing Officer as well as the CIT(A) has not at all been considered by both the Revenue authorities. Therefore, it will be appropriate to remand this matter for fresh to the file of the AO. Needless to say, the assessee be given opportunity of hearing by following principle of natural justice. Issues:Appeal against addition u/s 68 on account of unexplained cash credits of Rs. 56,75,000.Analysis:The appeal was filed against the order passed by CIT(A)-XII, New Delhi for Assessment Year 2011-12, upholding the decision of the Assessing Officer to make an addition u/s 68 on account of unexplained cash credits of Rs. 56,75,000. The assessee had filed the return of income declaring a loss of Rs. 69,547, which was processed under section 143(1) of the Income Tax Act, 1961. Subsequently, the case was selected for scrutiny, and notices were issued under sections 143(2) and 142(1) of the Act. The Assessing Officer observed significant cash deposits in the bank accounts of the assessee during the year under consideration. Despite being asked to explain the source of these cash deposits, the assessee failed to provide a satisfactory explanation and only produced bank statements. The Assessing Officer noted various cash deposits in different bank accounts, totaling Rs. 56,75,000, without a clear explanation for their source. Consequently, the Assessing Officer added this amount to the total taxable income of the assessee.The assessee, aggrieved by the assessment order, appealed before the CIT(A), who upheld the decision of the Assessing Officer. The assessee contended that both the CIT(A) and the Assessing Officer did not adequately consider the evidence presented before them. The assessee requested the matter to be remanded back to the Assessing Officer for a fresh assessment. The Department did not object to remanding the matter back to the Assessing Officer.Upon hearing both parties and examining the material on record, the ITAT Delhi noted that the documents submitted before the Revenue authorities were not adequately considered. Therefore, the Tribunal deemed it appropriate to remand the matter back to the Assessing Officer for a fresh assessment, ensuring the principles of natural justice are followed. Consequently, the appeal of the assessee was partly allowed for statistical purposes.In conclusion, the ITAT Delhi, consisting of Shri N. K. Saini, Accountant Member, and Ms. Suchitra Kamble, Judicial Member, pronounced the order on 30th May 2018, remanding the case back to the Assessing Officer for a fresh assessment, granting the assessee an opportunity of hearing in accordance with the principles of natural justice.