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2021 (6) TMI 625 - ITAT BANGALOREAddition u/s 69A - assessment was selected for limited scrutiny for verification of cash deposits made into savings bank - HELD THAT:- As assessee has not been given a proper opportunity to explain the source of cash deposit. Before the A.O., the assessment proceedings were getting time barred and only two hearings were given to the assessee to furnish the necessary details. Before the CIT(A), necessary details explaining the source of cash deposits were placed on record. CIT(A) called for a remand report from the A.O. The A.O. furnished the remand report without considering the additional evidence placed before the CIT(A). The A.O. also did not provide an opportunity of hearing to the assessee to substantiate his case. As given the facts and circumstances of the case, the matter needs to be considered afresh by the A.O. The A.O. shall consider the evidence placed by the assessee before the CIT(A) to determine the source of cash deposit, whether it is genuine or not. (The A.O. shall also examine whether assessee has disclosed any income u/s 44AE of the Act for the relevant period). The A.O. shall afford a reasonable opportunity of hearing to the assessee. The assessee shall cooperate with the revenue and shall not seek unnecessary adjournment. Appeal filed by the assessee is allowed for statistical purposes.
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