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Income Tax

Entire Bank Credits Can’t Be Added Without Proper Opportunity

Case Law Details

TaxGuru Citation
2026 taxguru.in 159
Case Name
Samiulla Vs ITO (ITAT Bangalore)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2018-19
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Samiulla Vs ITO (ITAT Bangalore)

Entire Bank Credits Can’t Be Added Blindly: Three Notices Aren’t Enough: ITAT Restores Bank Credit Case to CIT(A)

Natural Justice First:  144 Assessment Needs Care: Matter Remanded for Proper Adjudication

Bangalore ITAT “B” Bench, in   Samiulla Vs ITO  (ITA No. 2405/Bang/2024, AY 2018-19; order dated 31.01.2025), set aside the order of CIT(A), NFAC & remanded the matter for fresh adjudication, subject to payment of ₹5,000 as cost.

Assessee had not filed return of income, and the case was reopened u/s 147 due to large credits in bank accounts. Owing to non-compliance with notices, AO completed best-judgment assessment u/s 144, treating the entire bank credits as unexplained. CIT(A) affirmed the additions after issuing only three hearing notices.

Tribunal observed that while Assessee was at fault for non-compliance, entire bank credits cannot be mechanically treated as unexplained without cogent material. It further held that issuance of merely three notices by CIT(A) does not meet the requirement of proper opportunity, especially where additions are substantial.

Considering the undertaking of Assessee to cooperate & in the interest of natural justice, ITAT restored the matter to CIT(A) for de-novo adjudication, directing Assessee to deposit ₹5,000 under “Others” head and warning that no further leniency would be granted in case of default. Appeal was allowed for statistical purposes.

FULL TEXT OF THE ORDER OF ITAT BANGALORE

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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 6,941

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