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2021 (5) TMI 249 - AT - Income TaxReopening of assessment u/s 147 - addition as concealed income u/s. 69 - specific depositing slip of cash is not under assessee's signatures - HELD THAT:- The assessee has consistently stated that his account has been misused by a Bank personnel without his authority and the sums have been utilized again by the Bank personnel evident by way of transfer entries. The beneficiary is named by the assessee as erstwhile Bank Manager Shri Pawan Kumar Gupta and there is no contradictory evidence. Since the correctness of the above assertions need to be verified, it is deemed appropriate to set aside the impugned order directing the tax authorities to take into consideration the fact that there has been a continued lapse on the part of the specific PNB Branch in as much as the currency details remained unmentioned, PAN details of the depositor of the huge cash amount remains unaddressed and above all, the fact that the beneficiary account No. 0904000210151272 is claimed to belong to Shri Pawan Kumar Gupta, Bank Manager of PNB, Pundri needs to be specifically addressed. It can never be over emphasized that justice should not only be done but also seen to be done. The inordinate reliance placed upon the depositing slip which to the naked eyes of the AO or the tax authorities appears to be of the assessee without caring to subject it to forensic examination is an act of gross carelessness and an irresponsible lapse of procedure and an unfortunate example of whimsical and arbitrary exercise of power. In these peculiar facts and circumstances, the order which is a prime example of gross carelessness and abuse of power reeking of multiple failures and exhibiting continued lapse of fair dispensation of justice raising many a question on the whimsical biases of the tax authorities I hope is an aberration and not a norm. It brings out the department's helplessness in not addressing the facts and possible connivance and definite abuse of power by the beneficiary account holder who the tax authorities deem it necessary to shelter. The fact that the assessee has consistently alleged connivance of the bank authorities coupled with the fact that the currency details and lack of PAN details of the depositor evident on record remain unrebutted on record by the tax authorities cannot be allowed to remain ignored. In the facts as they stand unless these assertions are rebutted by cogent evidence, the assessee appears to have a claim which cannot be easily discarded. Since there is no finding on the correctness of these assertions, the matter is remanded back with the direction to pass a speaking order in accordance with law.
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