Mahavir Enterprises Vs ITO (ITAT Ranchi)
ITAT Ranchi remanded the matter regarding addition under section 69A of the Income Tax Act back to the file of CIT(A) since paper books was not produced before AO or CIT(A).
Facts- The information was received by the AO that the assessee has deposited a sum of Rs.91,55,652/- during the whole year including Rs. 11,44,500/- deposited during demonetization period i.e., from 09.11.2016 to 30.12.2016 in his bank account but no return of income was filed by the assessee for the assessment year under consideration. Statutory notices u/s 143(2) and 142(1) were issued to the assessee from time to time but no one appeared in response to that. It is also noted in the assessment order that the assessee did not appear because of their illness but also did not make any arrangement to represent its case before the AO to explain the source of cash deposits. The AO, thus, added a sum of Rs.Rs.89,49,138/- u/s 69A of the Act.
CIT(A) dismissed the appeal. Being aggrieved, the present appeal is filed.
Conclusion- Held that the details given in the paper book submitted as above was not produced either before the AO or before the Ld. CIT(A) and therefore, it is proper to remand the matter back to the file of the Ld. CIT(A) to decide the case on merit by giving reasonable opportunity of being heard to the assessee and after considering all the relevant details filed by him.
