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₹15.55 Cr Unexplained Cash Addition: ITAT Remands Case Due to CIT(A) Ignoring Evidence

Case Law Details

TaxGuru Citation
2025 taxguru.in 9647
Case Name
Muthukuru Venkata Subba Rao Vs ITO (ITAT Hyderabad)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2013-14
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Muthukuru Venkata Subba Rao Vs ITO (ITAT Hyderabad)

CIT(A) Ignored Evidence – ITAT Remands ₹15.55 Cr Addition on Joint Bank Account for Fresh Verification, Cites Violation of Natural Justice; Director’s Liability on Company Funds: ITAT Remands Case to Verify Ownership of Bank Deposits 

Assessee, an individual &  Director in M/s Evergreen Entertainers Pvt. Ltd., did not file return of income as his salary income was only ₹52,000. The AO reopened the case u/s 147 after noticing huge credits of ₹9.61 crore in a joint bank account with Andhra Bank, where the joint holders were the company, another individual, &  the Assessee. The AO treated total deposits of ₹15.55 crore as unexplained investment in the hands of the Assessee &  completed assessment u/s 144/147.

Assessee’s Case:

  • The bank account primarily belonged to Evergreen Entertainers Pvt. Ltd.
  • Assessee was only an authorised signatory/joint holder as a director for operational convenience.
  • All deposits were business transactions of the company, not his personal income.
  • Filed ledger accounts, confirmations from the company & payers, bank statements, balance sheet extract (Schedule 10B) showing the account disclosed in company books.
  • Submitted replies & documents to CIT(A) through e-portal (with acknowledgments dated 03.01.2023 &  05.2024).

CIT(A) Decision:

  • Dismissed appeal stating no evidence was furnished, the bank account not shown in company’s return, & held the Assessee liable as joint holder.
  • Confirmed the addition of ₹15.55 crore.

ITAT Findings:

1. CIT(A)’s statement that no evidence was filed is factually wrong; record shows multiple submissions with documents.

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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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