Shivraj Singh Vs ITO (ITAT Lucknow)
Assessee, who had not filed return for AY 2012-13, faced an ex-parte assessment u/s 144/147 dated 05.12.2019 wherein AO determined income at Rs.51,05,000/- treating cash deposits as unexplained u/s 69A along with a small interest addition.
CIT(A) upheld assessment without granting effective opportunity. Before Tribunal, Assessee contended that neither AO nor CIT(A) afforded reasonable opportunity to explain the deposits.
Tribunal noted this grievance, observed no objection from Revenue, & restored the entire matter to AO for fresh assessment after providing due opportunity. Appeal allowed for statistical purposes.
FULL TEXT OF THE ORDER OF ITAT LUCKNOW
This appeal vide I.T.A. No.180/Lkw/2025 has been filed by the assessee for assessment year 2012-13 against impugned appellate order dated 24/12/2024 (DIN & Order No.ITBA/NFAC/S/250/2024- 25/1071547679(1) of Commissioner of Income Tax (Appeals) [“CIT(A)”] for short].
2. The facts of the case, in brief, are that in this case, the assessee is an individual and has not filed his return of income for the year under consideration. The Assessing Officer completed the assessment and passed assessment order under section 144/147 of the I.T. Act on 05/12/2019 and determined the total income of the assessee at Rs.51,05,000/- under section 69A of the Act and an addition of Rs.8,355/- on account of interest in saving bank accounts. The order passed by the Assessing Officer was an ex-parte order. Being aggrieved, the assessee carried the matter in appeal before the learned CIT(A), who has dismissed the appeal of the assessee. Being further aggrieved, the assessee is in appeal before the Income Tax Appellate Tribunal.
