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Revision u/s 263 Upheld: AO’s Silent Acceptance of Cash Deposits & Property Source is Erroneous

Case Law Details

TaxGuru Citation
2025 taxguru.in 7575
Case Name
Zakaria Bajpe Vs CIT (International Taxation) (ITAT Bangalore)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2015-16
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Zakaria Bajpe Vs CIT (International Taxation) (ITAT Bangalore)

ITAT Bangalore: Revision u/s 263 Upheld – AO’s Silent Acceptance of Cash Deposits & Property Source is Erroneous

Background

Assessee,  an NRI during AY 2015-16, filed return declaring income of ₹50.72 lakh. Case was selected for limited scrutiny to verify (i) large cash deposits in bank accounts &  (ii) source for purchase of property (land  at Udyavara, Udupi for ₹81 lakh, paid in FY 2013-14). Assessee explained that deposits (₹37.6 lakh) came from earlier cash withdrawals &  rent receipts, &  property payments were sourced from withdrawals in FY 2013-14. AO accepted the explanations &  passed order u/s 143(3) dated 04.08.2017 without recording reasons, simply stating “after verification &  discussion, assessment is completed”.

CIT’s Revision u/s 263

CIT (Intl. Tax) held AO’s order erroneous & prejudicial because:

  • AO accepted submissions without detailed inquiry or reasoning.
  • Bearer cheques issued in third parties’ names (Karanth family) were treated as “cash withdrawals” by assessee, but AO did not verify circumstances.
  • Sources for property purchase not cross-checked with statement of affairs & bank statements of earlier years.
  • Relying on Infosys Technologies Ltd. (Karnataka HC), CIT held that even acceptance orders must record reasons; otherwise, they are erroneous. AO was directed to redo assessment after proper inquiry.

Tribunal’s Findings

  • AO’s order was silent on key issues flagged in scrutiny (cash deposits & property source).
  • Following Infosys Technologies (Kar HC), every conclusion, even one accepting assessee’s claim, must be supported by reasoning, however brief.
  • Failure to record basis of acceptance amounts to lack of inquiry/application of mind, making the order erroneous & prejudicial to Revenue.
  • Assessee can still substantiate explanations before AO in fresh proceedings.

Key Takeaways

  • Orders without reasoning are vulnerable to revision u/s 263, even if they accept assessee’s claims.
  • Limited scrutiny issues must be specifically examined & addressed in assessment order.
  • Infosys Technologies (Kar HC) binding: AO’s conclusions must have recorded reasoning; silence ≠ due inquiry.
  • Assessees must maintain clear evidence trail for cash deposits & property investments to withstand revision

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: 6,879

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