2025 (6) TMI 1693 - AT - Income Tax

Best judgment assessment order passed u/s 144 - deceased assessee didn t file return of income (RoI) for AY 2017-18 - addition u/s. 69A being the SBNs deposited during demonetization period and further taking note that the assessee had also deposited cash other than SBNs in his HDFC Bank A/c the AO estimated business income @ 8% i.e - HELD THAT - We note that the assessee claims to be suffering from severe diabetic which resulted in stroke and later was admitted in Hospital/ICU during the time when the AO passed the assessment order; and during the appellate proceedings the assessee is noted to have expired on 18.05.2021. The main grievance of the assessee is that since he was in the ICU of the Hospital the assessment order was passed denying him proper opportunity before the AO when the assessment order was passed. Therefore relying on the decision of TIN Box Co. 2001 (2) TMI 13 - SUPREME COURT we set aside the impugned order of the Ld.CIT(A) and restore the assessment back to the file of the AO with a direction to pass de novo assessment after hearing the assessee. The Ld.AR has undertaken to present/file all the relevant documents to substantiate the source of SBNs deposited during demonetization period and also evidences to show that the assessee s business income was less than 8%. The AO to pass the assessment order after giving proper opportunity to the assessee in accordance to law. Penalty levied u/s. 271B - non-filing of Audit Report Penalty u/s. 271AAC(1) - Since the quantum assessment has been restored back to the file of the AO he may decide the same after de novo assessment has been passed as directed supra after hearing the assessee. Therefore we set aside the impugned appellate order passed by the Ld.CIT(A) and the AO may initiate penalty proceedings as per law after assessment order has been framed.

Summary

The core legal questions considered in this appeal pertain primarily to the validity of the assessment order passed under section 144 of the Income Tax Act, 1961, the consequent additions made under sections 69A and estimation of business income, and the imposition of penalties under sections 271B and 271AAC(1) of the Act. Specifically, the issues involve:

• Whether the best judgment assessment order passed under section 144 of the Act was valid, given the non-filing of return and non-response to notices by the assessee.
• The correctness of additions made under section 69A for Specified Bank Notes (SBNs) deposited during the demonetization period.
• The appropriateness of estimating business income at 8% of cash deposits other than SBNs.
• The entitlement of the assessee to a fair opportunity of being heard, particularly considering the medical condition and subsequent death of the assessee during the assessment and appellate proceedings.
• The validity and continuation of penalty proceedings under sections 271B and 271AAC(1) in light of the quashing of the assessment order.

Issue 1: Validity of Best Judgment Assessment under Section 144

The legal framework under section 144 of the Income Tax Act empowers the Assessing Officer (AO) to make an assessment to the best of his judgment where the assessee fails to file a return or comply with notices. Precedents establish that such assessment must be based on material on record and the AO must provide a reasonable opportunity to the assessee.

In this case, the AO passed the assessment ex parte after the assessee failed to respond to four statutory notices. The assessment included additions under section 69A for SBNs and estimation of business income at 8%. The assessee contended that he was incapacitated due to a stroke and hospitalized in ICU during the assessment period, thus unable to participate. The Tribunal noted the medical evidence of hospitalization and the fact that the assessment was passed without hearing the assessee.

Applying the principles from the Supreme Court decision in TIN Box Co. v. CIT, which emphasizes the necessity of a fair opportunity and adherence to principles of natural justice, the Court found the best judgment assessment flawed due to denial of opportunity. The Court reasoned that the AO should have ensured the assessee's participation or extended the opportunity considering the medical condition.

Consequently, the Court set aside the assessment order and remanded the matter for de novo assessment, directing the AO to provide a proper hearing.

Issue 2: Addition under Section 69A for Deposited Specified Bank Notes

Section 69A deals with unexplained cash credits, including deposits of SBNs during the demonetization period. The AO added Rs. 14,31,000/- as unexplained cash on the basis that the assessee failed to explain the source.

The assessee claimed these were genuine business receipts. However, no documentary evidence was filed before the AO or the first appellate authority. The Tribunal noted that the assessee's legal representatives undertook to file relevant documents during the remand proceedings.

The Court's approach was to allow the assessee an opportunity to substantiate the source of SBNs during the de novo assessment, thereby not affirming or negating the addition at this stage but deferring the determination to the reassessment after hearing the assessee.

Issue 3: Estimation of Business Income at 8% of Cash Deposits

The AO estimated business income at 8% of cash deposits excluding SBNs, amounting to Rs. 23,36,160/-. The assessee contended that this estimation was excessive and not reflective of actual income.

The Court observed that the estimation was based on the AO's discretion in the absence of reliable data and the assessee's failure to file returns or respond to notices. However, given the remand for de novo assessment and the undertaking to provide relevant evidence, the Court directed the AO to reconsider the estimation after evaluating the evidence to be submitted.

Issue 4: Entitlement to Fair Opportunity Considering Medical Condition and Death

The assessee's medical condition, including stroke and ICU admission during the relevant period, was a significant factor. The legal heirs were unable to pursue appeals promptly due to the assessee's death during the appellate proceedings.

The Court acknowledged these circumstances and emphasized the necessity of adhering to principles of natural justice. It held that the denial of opportunity to the assessee, particularly when incapacitated, vitiates the assessment and penalty proceedings.

Therefore, the Court granted the assessee another opportunity to be heard through legal heirs or representatives, directing the AO to pass fresh orders after hearing them.

Issue 5: Penalty Proceedings under Sections 271B and 271AAC(1)

Penalties were levied for non-filing of audit report (section 271B) and other violations (section 271AAC(1)). The first appellate authority confirmed these penalties ex parte.

Since the quantum assessment was set aside and remanded for de novo assessment, the Court held that penalty proceedings must also await the outcome of the fresh assessment. The AO was directed to initiate penalty proceedings afresh after the assessment order is passed, ensuring the assessee's right to be heard.

Significant Holdings and Core Principles

The Court reiterated the fundamental principle that an assessment order under section 144 must be passed after affording a reasonable opportunity to the assessee, even in cases of non-filing or non-response. The denial of such opportunity, especially when the assessee is incapacitated, is a violation of natural justice and renders the order unsustainable.

It was held that additions under section 69A and estimation of income must be based on evidence and proper adjudication, not merely on non-response or assumptions.

The Court emphasized that penalty proceedings are consequential to the assessment order and cannot be validly imposed if the assessment itself is set aside.

In the words of the Court: "We set aside the impugned order of the Ld.CIT(A) and restore the assessment back to the file of the AO with a direction to pass de novo assessment after hearing the assessee."

Further, "The AO to pass the assessment order after giving proper opportunity to the assessee in accordance to law."

And regarding penalties, "The AO may initiate penalty proceedings as per law after assessment order has been framed."