2020 (5) TMI 399 - AT - Income Tax

Addition of cash deposited in bank - assessee showed his unwillingness to continue as authorized representative of the assessee - CIT(A) deleted the additions made by AO in ex-parte assessment u/s 144 - HELD THAT - After conducting assessment proceedings and to arrive at the correct income of the assessee in the cases selected for scrutiny the assessee is duty bound to furnish all the information and details to the satisfaction of the Ld. A.O who is the first authority to examine the details and assess correct income. The assessee has not appeared before Ld. A.O but subsequently he appeared before Ld. CIT(A) who also in the instant case has not given any reference of remand report which he should have been taken from the Ld. A.O before deciding the issues. Interest of justice and fair play all the issues raised by the revenue in this appeal needs to be set aside to the file of Ld. A.O for afresh examination and passing denovo assessment order. Reasonable opportunity of being heard is to be provided to the assessee but in case the assessee do not appear in person or through Authorized Representative in the second round on first three dates of hearing except for unavoidable circumstances A.O will be at liberty to go ahead and frame the assessment after assessing the income as per the provisions of Income Tax Act. appeal of the revenue is allowed for statistical purposes.

Summary

Issues:
1. Deletion of cash deposits in bank as income of the assessee and CIB transaction amount.
2. Deletion of brokerage expenses.
3. Justification of ignoring the remand report of the Assessing Officer.

Analysis:

Issue 1: Deletion of Cash Deposits in Bank and CIB Transaction Amount
The appeal pertains to the Assessment Year 2013-14 and challenges the deletion of cash deposits in the bank for a significant amount and CIB transaction amount by the Ld. Commissioner of Income Tax (Appeals). The Revenue contended that the assessee did not provide necessary information during assessment proceedings, leading to an ex-parte order under section 144 of the Income Tax Act. Despite the absence of the assessee during various hearing dates, the Ld. CIT(A) deleted the additions without considering a remand report from the Assessing Officer. The Tribunal observed that the assessee, a real estate developer, failed to cooperate during the assessment process. Consequently, the Tribunal decided to set aside the issues to the Assessing Officer for a fresh examination and denovo assessment, emphasizing the importance of providing a reasonable opportunity for the assessee to be heard.

Issue 2: Deletion of Brokerage Expenses
Another ground of appeal was the deletion of brokerage expenses amounting to a specific sum, which the Revenue argued was not adequately explained during the assessment proceedings. The Tribunal noted the absence of the assessee and the lack of cooperation during the assessment, leading to the decision to remand the issues back to the Assessing Officer for a thorough re-examination. This decision highlights the significance of the assessee's active participation and provision of necessary details during the assessment process to ensure a fair and accurate determination of income.

Issue 3: Ignoring the Remand Report
The Revenue raised concerns regarding the Ld. CIT(A) ignoring the remand report of the Assessing Officer in respect of the additions made. The Tribunal emphasized the importance of considering all relevant reports and information before making decisions in such cases. In this instance, the Tribunal decided to set aside the issues for fresh examination by the Assessing Officer to ensure a just and thorough assessment process. This decision underscores the procedural fairness and the requirement for a complete assessment based on all available information and reports.

In conclusion, the Tribunal allowed the appeal of the Revenue for statistical purposes, highlighting the need for a comprehensive and fair assessment process that involves the active participation and cooperation of the assessee, as well as the consideration of all relevant reports and information to determine the correct income in accordance with the provisions of the Income Tax Act.