Shankar Saybu Rakhewar Vs ITO (ITAT Pune)
Beer Shop Case: Demonetisation Cash Deposits Addition u/s 69A Remanded for Fresh Hearing-Assessee Directed to Update Email & Remain Vigilant – Case Restored to CIT(A)
Assessee, proprietor of a retail beer shop, did not file return of income for AY 2017-18. AO received information about cash deposits during the demonetisation period & issued notices, but there was no compliance. AO completed best judgment assessment u/s 144 on 27.12.2019, making additions aggregating to ₹19,50,314 including ₹12,30,000 u/s 69A for unexplained cash deposits de& disallowance of ₹68,270 claimed as business expenditure.
On appeal, though delayed, CIT(A) condoned the delay & adjudicated the case on merits. However, as the Assessee again failed to appear or submit details, CIT(A) confirmed AO’s action.
Before Tribunal, the matter was again taken up ex-parte as Assessee remained absent. Tribunal noted that books of accounts were audited & referred to in CIT(A)’s order, but in absence of supporting submissions, additions were confirmed. However, in the larger interest of justice, Tribunal deemed it proper to give one more opportunity to Assessee. The order of CIT(A) was set aside & matter remitted back for de novo adjudication, with direction to furnish details before CIT(A) & for CIT(A) to grant reasonable opportunity. Assessee was also directed to update his email ID on ITBA portal & to remain vigilant in proceedings. Accordingly, appeal was allowed for statistical purposes.
