Minal Prashant Vakil Legal Heir of Late Vs ITO (ITAT Ahmedabad)
In the abovementioned case ITAT remanded the matter to CIT (A) after considering the fact that no proper opportunity was availed by assessee before CIT (A) and revenue has no objection in remanding the matter.
Assessee is an individual and Non Resident, did not file ITR for the year under consideration. Information received that assessee made TDS payment for a consideration of Rs.1,41,95,033/- on purchase of immovable property u/s. 194A. Therefore, assessment was reopened. In response, the assessee filed ITR declaring total income of Rs. 3,71,710/-. The assessee alongwith two Co-owners purchased immovable property on verification, it was found that total consideration is Rs.1,67,09,016/- paid by the assessee to the seller out of which source of Rs. 1,19,33,524/- was explained only. AO added remaining amount of Rs. 47,75,492/- as unexplained investment u/s 69, which includes Rs. 22,61,509/- received from relatives.
CIT (A) confirmed the addition in absence of any response from the assessee.
Before ITAT it was argued on behalf of assessee that CIT (A) provided all three opportunity within a short span of 15 days only. Hence, no effective opportunity given to the assessee who is an NRI. Thus one more opportunity was requested to which revenue didnot make any objection.
