Avdhesh Vs ITO (ITAT Indore)
ITAT Indore held that AO made addition towards unexplained deposited without being aware of possession of two PAN by single person-assessee. Accordingly, matter remanded to the file of AO with imposition of cost of Rs. 7,000/-.
Facts- The present appeal has been filed by the assessee mainly contesting the addition of Rs. 12,56,000/- as unexplained deposits. It is contested that the AO has, in the assessment framed, made an addition of Rs. 12,56,000/- for unexplained deposit in “Narmada Jhabua Grameen Bank, Kukshi – A/c No. 601130110000019” but the said a/c belongs to some other person and not to assessee.
Conclusion- Held that he was holding his bank accounts in another PAN: BOZPA9769J. We also take note that the impugned assessment-order has been passed by AO in PAN: BOZPA9769J and the AO has only assessed the deposit in bank a/c without being aware of other PAN: CDSPR2994D held by assessee. Thus, the impugned addition of Rs. 12,56,000/- has been assessed in PAN: BOZPA9769J and the income of Rs. 3,04,290/- belonging to very same person/assessee has been separately assessed in PAN: CDSPR2994D. Since the assessee-individual is one and same, there cannot be piecemeal assessments, the ‘total income’ of assessee has to be assessed under the provisions of Income-tax Act, 1961. Further, the assessee has also filed a new evidence of bank-certificate as discussed earlier. Therefore, looking to all these aspects, the present case is fit for remand to the file of AO for a vehement adjudication.
