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2018 (12) TMI 584 - HC - Income TaxAddition u/s 68 - unexplained cash deposits in the Axis Bank account of the appellant-assessee - CIT-A upheld part addition observing that the assessee had not given any explanation for cash withdrawals of ₹ 5,10,550/- between the period 12th June, 2009 to 16th October, 2009 - Held that:- Commissioner of Income Tax (Appeals) had proceeded to give a different and new reasoning, which was not confronted for explanation before the first appellate order was passed. The appellant-assessee was taken by surprise. Reasoning in the form of additional ground, it is submitted, should not have been made the basis without asking and raising a specific query. It is also highlighted, with some merit, additions made include two small deposits of ₹ 3,250/- and ₹ 14,400/- made on 17th August, 2009 and 27th October, 2009. In the alternative, it was submitted that the addition should be partial. We find that the Tribunal in the impugned order has failed and not taken note of the aforesaid contentions raised in respect of the deposit of ₹ 4,92,900/-. The said issue has not been examined in the light of the pleas and aspects that arise for consideration. Accordingly, we feel that the matter should be re-examined by the Tribunal. Liberty is also given to the appellant-assessee to file an application for additional evidence to justify and explain the reason for substantial cash withdrawals made between 12th June, 2009 to 16th October, 2009. We clarify that we have only remanded the matter for fresh consideration and have not finally determined or decided the aspect and issue on merits. Question of law is accordingly answered, partly in favour of the appellant-assessee and against the Revenue with an order of remand to the Tribunal. We clarify that the remand is only restricted to the extent of the deposit of ₹ 4,92,900/-. We have not remanded the issue regarding sale of wearing apparel and silver utensils as appellant-assessee has not been able to justify and explain that cash deposits of more than five lacs were made out of sale proceeds of wearing apparel and silver utensils. There is no evidence and material to establish sale, inheritance etc..
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