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2023 (9) TMI 1219 - ITAT LUCKNOWScrutiny assessment - Addition u/s 68 - introduction of cash in Cash Book - assessee’s claim of having received this amount as gifts from relatives was not accepted by AO - HELD THAT:- The explanation of the assessee was disbelieved on the ground that the assessee had not furnished any evidence of receiving gifts from relatives as well as their sources of income, extent of agricultural holding, financial and status of her relatives, date and mode of receipt of gift to substantiate the genuineness of transactions and gift”. From the available records, there is nothing to suggest that the Assessing Officer even asked the assessee to furnish these evidences/information /materials. Shortly after assessee’s reply vide letter dated 14/12/2016, the Assessing Officer passed assessment order on 21/12/2016, taking adverse view against the assessee. Moreover, a total amount of Rs. 13,50,000/- received as gift, as claimed by the assessee, comes to an average of Rs. 4,50,000/- received from each donor. Whether having regard to facts and circumstances of the present case, this amount of Rs. 4,50,000/- is such that required the kind of rigorous and hot pursuit scrutiny by the Assessing Officer, which went as far as issue of summons to the assessee’s relatives during remand to the Assessing Officer by the learned CIT(A); also deserves to be considered. Therefore, this is a fit case in which the Additional/ Joint Commissioner of Income Tax should play his role by issuing direction(s) u/s 144A of the IT Act to the Assessing Officer, giving due consideration to all relevant facts and circumstances. Therefore, AO is directed to make reference to learned Addl. CIT/Joint CIT u/s 144A and seek suitable directions (on whether the materials on record of the Assessing Officer are sufficient to accept the assessee’s claim; and if not, the lines on which further investigation should be made) after the Assessing Officer starts fresh proceedings for passing denovo order in pursuance of aforesaid directions contained in foregoing paragraph (2.1) of this order. Both the Assessing Officer as well as Addl. CIT/Joint CIT are directed to view the entire matter with a fresh outlook without getting influenced by earlier orders of the Assessing Officer and the learned CIT(A).
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