Kishan Valjibhai Kheni Vs ITO (ITAT Surat)
ITAT Surat imposed cost of Rs. 10,000 on the assessee for non-cooperation before lower authorities and accordingly, remanded the matter back to CIT(A) for examining the entire issue afresh.
Facts- The assessee was engaged in the business of providing works contract service and labour service. AO found that assessee had made a cash deposit of Rs.62,10,000/- in the bank account during demonetization period. AO observed that the entire cash deposit, repayment, cash receipt from debtors etc. were concocted just to avoid tax payment. The total cash deposit of Rs.62,10,000/- was treated by him as unexplained and unaccounted income of assessee and the same was taxed @ 60% u/s 115BBE of the Act. The AO assessed the total income of Rs.65,25,123/- against the returned income of Rs.3,15,123/-.
CIT(A) dismissed the appeal. Being aggrieved, the present appeal is filed.
Conclusion- Held that the assessee was negligent and non-cooperative before the lower authorities. The Ld. AR submitted that the non-compliance was neither deliberate nor intentional. She requested that another opportunity may be granted to the assessee to submit all the required explanations and details and plead his case on merit. We are of the view that the principles of natural justice would call for giving another opportunity of hearing to the assessee. Accordingly, we hold that the interests of justice would be met in case the CIT(A) re-examines the entire issue afresh subject to the payment of cost of Rs.10,000/- by the assessee to the credit of the “Gujarat High Court Legal Aid Authority” within 2 weeks from receipt of this order. Subject to payment of above cost, we set aside the order of CIT(A) and remit the matter back to the file of CIT(A) with a direction to pass de novo assessment order in accordance with law after granting adequate opportunity of hearing to the assessee.
