Tanveer Alam Vs ITO (ITAT Kolkata)
The Income Tax Appellate Tribunal (ITAT) Kolkata Bench has remanded the case of Tanveer Alam back to the Assessing Officer (AO) for fresh adjudication. The decision came after the assessee presented new documentary evidence before the Tribunal, which had not been adequately considered by the lower authorities during the original assessment and first appeal. The appeal was allowed for “statistical purposes,” indicating that the matter is being sent back for re-examination on its merits rather than a final decision.
The case pertains to the Assessment Year 2017-18. Tanveer Alam had filed a return declaring a total income of ₹16,14,770/-. The case was subsequently selected for scrutiny due to cash deposits made during the demonetization period and claims for deduction/exemption from capital gains.
According to the assessment order, the assessee reportedly failed to comply with notices issued under Section 143(2) and Section 142(1) of the Income Tax Act, 1961, and did not furnish the requested documents. This led the AO to complete the assessment to the “best of judgment,” assessing the total income at ₹80,94,813/-. A best judgment assessment typically occurs when a taxpayer fails to cooperate or provide necessary information, compelling the AO to make an assessment based on available knowledge and resources.
