2022 (6) TMI 1072 - AT - Income Tax

Assessee granted final chance to explain unexplained cash, must appear before CIT (A) or face consequences

Satyabhama Avadhanula Karimnagar Versus A.C.I.T. Central Circle 1 (4) Hyderabad

The Tribunal granted the assessee one last opportunity to substantiate the source of unexplained cash found in her possession, directing her to appear ... Addition u/s 69A rws 115BBE - As on the basis of inquiry conducted u/s 131(1)(d) made addition being unexplained cash found from the possession of the assessee - Assessee argued that the learned CIT (A) has passed an ex-parte order and in the interest of justice, the assessee should be given one more opportunity to substantiate the cash so found - HELD THAT:- Considering the totality of the facts of the case and in the interest of justice, we deem it proper to restore the issue to the file of the learned CIT (A) with a direction to grant one last more opportunity to the assessee to substantiate her case and decide the issue as per fact and law. The assessee is also hereby directed to appear before the learned CIT (A) and to substantiate her case without seeking any adjournment under any pretext failing which the learned CIT (A) is at liberty to pass appropriate order as per law. We hold and direct accordingly. The grounds raised by the assessee are accordingly allowed for statistical purposes. Issues:1. Unexplained cash found in possession of the assessee.2. Ex-parte order by the learned CIT (A).3. Addition of unexplained money u/s 69A of the Act.4. Application of section 69A and 115BBE of the Act.5. Failure of the assessee to appear before the CIT (A).6. Opportunity for the assessee to substantiate the source of cash.Analysis:1. The case involved the discovery of unexplained cash amounting to Rs. 22,00,000 in possession of the assessee and her son during an inquiry conducted under section 131(1)(d) of the Income Tax Act. Despite explanations provided by the assessee regarding the sources of the cash, the Assessing Officer made an addition of the amount under section 69A/115BBE of the Act due to lack of supporting evidence.2. The learned CIT (A) passed an ex-parte order upholding the Assessing Officer's decision, as the assessee failed to appear despite multiple opportunities granted. The grounds of appeal raised by the assessee challenged the ex-parte order and the addition of Rs. 22,00,000 as unexplained money under section 69A of the Act.3. The assessee contended that the provisions of section 69A did not apply to her case and that the Assessing Officer incorrectly taxed the seized cash under section 115BBE of the Act. The counsel for the assessee argued for another opportunity to substantiate the source of the cash, emphasizing the need for justice.4. Upon hearing both sides and reviewing the orders, the Tribunal decided to grant the assessee one last opportunity to present her case before the learned CIT (A) to substantiate the source of the cash. The Tribunal directed the assessee to appear without seeking adjournment, warning that failure to do so would result in the learned CIT (A) passing an appropriate order as per law.5. The Tribunal allowed the appeal for statistical purposes, emphasizing the importance of providing the assessee with a fair opportunity to present her case and substantiate the source of the cash found during the inquiry. The decision aimed at ensuring justice and adherence to legal procedures in resolving the matter.This detailed analysis provides a comprehensive overview of the legal judgment, addressing each issue raised in the case and highlighting the key arguments and decisions made by the Tribunal.