Rahul Kumar Vs ITO (ITAT Delhi)
The Income Tax Appellate Tribunal (ITAT) in Delhi has remitted the case of Rahul Kumar back to the Commissioner of Income-tax (Appeals) [CIT(A)] for a fresh adjudication. The appeal concerns the assessment year 2012-13, where the assessee’s bank deposits were deemed unexplained by the Assessing Officer (AO). The assessee claimed that the cash deposits were proceeds from a land sale by his father, but failed to provide sufficient evidence to support this claim.
The AO had passed an ex parte order due to the assessee’s non-compliance with multiple notices. The CIT(A) upheld the AO’s decision, confirming the addition to the assessee’s income. The CIT(A) noted that since the transactions were in cash, no material evidence was provided to substantiate the claim that the deposits were land sale proceeds.
The ITAT, in the “interest of justice,” decided to provide the assessee another opportunity to present his case. The tribunal’s order sets aside the previous decisions and directs the CIT(A) to conduct a fresh hearing. The assessee has been instructed to cooperate fully with the CIT(A) and provide all relevant documents and evidence to substantiate the genuineness of the transactions.
FULL TEXT OF THE ORDER OF ITAT DELHI
