Case Law Details
Riya Sunil Jain Vs ITO (ITAT Mumbai)
A.O has come to the conclusion that cash deposited in the bank account of the assessee has no connection with tuition income received by her. Therefore, the AO treated the cash deposited during the demonetization period appearing in the bank account as unexplained money u/s 69A of the Act.
Ld. Counsel contended that assesse has earned tuition fees by providing tuition to various students and received cash in consideration of the same. It is also submitted that supporting, account books, relevant vouchers and the documentary evidences were not considered during the course of assessment proceedings by the A.O.
In this regard I observe that ld. CIT(A) ought to have consider the material on record for adjudicating the issue contested in the appeal on merit. Section 250(6) contemplates that the first appellate authority would determine point in dispute and therefore, record reason on such point in support of his conclusion. Therefore, I restore this case to the file of the ld. CIT(A) for adjudicating on merit after affording opportunity to the assesse. The assesse is also directed to make due compliance before the ld. CIT(A) without any failure. Therefore, the appeal of the assessee is allowed for statistical purposes.
FULL TEXT OF THE ORDER OF ITAT MUMBAI
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