prpri ITAT restore the file to AO – Assessee to produce all relevant documents, evidences to AO ITAT restore the file to AO – Assessee to produce all relevant documents, evidences to AO

Case Law Details

Case Name : M. Shanthi Vs DCIT (ITAT Chennai)
Appeal Number : ITA No. 3033/Chny/2018
Date of Judgement/Order : 14/10/2019
Related Assessment Year : 2005-2006

M. Shanthi Vs DCIT (ITAT Chennai)

It is noticed that as the assessee has not produced the evidences before the Assessing Officer, and has given reasonable and justifiable cause for the same, in the interest of justice, the issues in this appeal are restored to the file of Assessing Officer for re-adjudication. The liberty is granted to the assessee to produce all the relevant documents, evidences and other details as are required to prove her case before the Assessing Officer.

FULL TEXT OF THE ITAT JUDGEMENT

This is an appeal filed by the assessee against the Order of the Commissioner of Income Tax (Appeals)-12, Chennai, in ITA No.213///C.I.T(A)-12/2013-14 dated 29.08.2018 for assessment year 2005-06.

2. Mr.R.S.Balaji represented on behalf of the Assessee, and Mr.M.Srinivasa Rao represented on behalf of the Revenue.

3. It was submitted by the ld.AR that in the course of assessment proceedings, the Assessing Officer had questioned the source for the cost of construction of house property of the assessee. It was further submitted that in the course of assessment, the assessee had given all the details to her Auditor, but the details had not been produced before the Assessing Officer as the Auditor had expired in the month of October, 2012. It was submitted that as the assessee was unable to get the details from the office of the expired authorized representative of assessee, Late Mr.Lokaiya, the assessee was unable to furnish all the evidences before the ld.CIT(A). It was submitted that the Assessing Officer had made addition of Rs.13,07,500/- representing the past savings and family savings. It was a further submission that the assessee had managed to collect the old pass books of the assessee, which would prove the claim of assessee. It was submitted that these were of the year 2004 whereas the assessment had been completed in the year 2013. It was a prayer that the assessee had no objection, if the issues raised in this appeal may be restored to the file of the AO for re-adjudication after giving assessee adequate opportunity to substantiate her claim before the Assessing Officer.

4. In reply, the ld.DR vehemently supported the orders of the Assessing Officer and the ld.CIT(A).

5. We have heard the rival contentions and perused the material available on record. It is noticed that as the assessee has not produced the evidences before the Assessing Officer, and has given reasonable and justifiable cause for the same, in the interest of justice, the issues in this appeal are restored to the file of Assessing Officer for re-adjudication. The liberty is granted to the assessee to produce all the relevant documents, evidences and other details as are required to prove her case before the Assessing Officer.

6. In the result, the appeal of assessee is partly allowed for statistical purpose

Order pronounced in the open Court after conclusion of hearing on the 14th October, 2019 in Chennai.

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