ABRAHAM NELSON ASIR PRATHAB ASIR,KANYAKUMARI V. ITO, WARD 3, NAGERCOIL

ITA 951/CHNY/2024

AI Insights

The case involves an appeal by Abraham Nelson Asir Prathab Asir against the order of the Commissioner of Income Tax, National Faceless Appeal Centre, Delhi, which confirmed the addition of a cash deposit of Rs. 15,00,000 made during the demonetization period under section 69A of the Income Tax Act, 1961. The Assessing Officer had initially added this amount to the assessee's income, taxing it at an enhanced rate under section 115BBE, due to the absence of supporting documents at the time of assessment. The assessee later provided sale deed documents during the tribunal proceedings, which were admitted as additional evidence, leading to the remittance of the case back to the Assessing Officer for a fresh decision based on the new documents.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 107282 (ITAT-CHENNAI)
• Duration Of Justice: 6 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-10-2024
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Next Hearing Date: 24-10-2024
• Assessment Year: 2017-2018
• Appeal Filed On: 08-04-2024
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: R.ANITA
• Assessee Lawyers: S. SRIDHAR
• Keywords: Additional evidence
• Section: 143(3); 69A

Judgement Text

"आयकर अपीलीय अिधकरण, ‘सी’ \u0011ा यपीठ, चे\u0016ई। IN THE INCOME TAX APPELLATE TRIBUNAL ‘C’ BENCH: CHENNAI \u0019ी महा वीर िसंह, उपा \u001f एवं \u0019ी जगदीश, लेखा सद' क े सम BEFORE SHRI MAHAVIR SINGH, VICE PRESIDENT AND SHRI JAGADISH, ACCOUNTANT MEMBER आयकर अपील सं./ITA No.951/Chny/2024 िनधा :रण वष: /Assessment Year: 2017-18 Abraham Nelson Asir Prathab Asir, 2/2-30, Church Street, Kalliancaud, Vetturnimadam Post, Nagercoil, Kanyakumari – 639 003. [PAN: BCDPP 6230P] Vs. The Income Tax Officer, Ward-3, Nagercoil. (अपीलाथ\u0007/Appellant) (\b\tयथ\u0007/Respondent) अपीला थH की ओर से/ Appellant by : Shri S. Sridhar, Advocate JKथH की ओर से /Respondent by : Ms. R. Anita, Addl. CIT सुनवा ई की ता रीख/Date of Hearing : 24.10.2024 घोषणा की ता रीख /Date of Pronouncement : 24.10.2024 आदेश / O R D E R PER JAGADISH, A.M : Aforesaid appeal filed by the assessee is against the order of Learned Commissioner of Income Tax, National Faceless Appeal Centre (NFAC), Delhi [hereinafter “CIT(A)”] dated 11.02.2024 in the matter of assessment framed by Ld. Assessing Officer [AO] u/s 143(3) of the Income Tax Act, 1961 (hereinafter “the Act”) on 17.12.2019. ITA No.951/Chny/2024 :- 2 -: 2. The only effective ground of appeal in this appeal of assessee is against confirming the addition of the cash deposit of Rs. 15,00,000/- during demonetization period u/s. 69A of the Act and computing the tax at the enhanced rate of tax u/s. 115BBE of the Act. 3. The assessee is an individual and filed return of income declaring total income of Rs. 4,48,060/-. The assessee has made cash deposit of Rs. 15,00,000/- on 16.11.2016 in his saving bank account with Canara Bank during demonetization period. The assessee before A.O has explained that the cash deposit was out of sale proceeds of agricultural land made by his father. However, the assessee was not able to produce the details of sales and therefore, A.O has made addition of Rs. 15,00,000/- u/s. 69 of the Act and levied tax @60% u/s. 115BBE of the Act. On appeal, the Ld. CIT(A) has confirmed the addition as the assessee has offered the cash deposit in want of documents and also confirmed computation of tax u/s. 115BBE of the Act. 4. The Ld. Authorized Representative (A.R) of the assessee before us has submitted the sale deeds in Survey No.79/3&8 in Document No.3726/2016, Survey No.17/9A in Document No.4164/2016, Survey ITA No.951/Chny/2024 :- 3 -: No.17/9A in Document No.4165/2016 and Survey No.19/2A in Document No.666/2017 which were not available at the time of assessment and CIT(A) proceeding, in terms of Rule 29 of Income-tax Appellate Tribunal Rules, 1963 (hereinafter “the Rules”) in support his contention before the A.O that the cash deposits were out of sale of agricultural property of his father. The Ld. AR has requested to admit the additional evidences and remit the matter back to the A.O in the interest of justice. 5. The Ld. Departmental Representative (DR), on the other hand, has relied on the orders of lower authorities and prayed to reject Ld AR’s request. 6. We have heard the rival submissions, and perused the materials available on record. The assessee has deposited cash of Rs.15,00,000/- during demonetization period and explained the source of cash as money received from his father on sale of agriculture land. However, the assessee could not produce the necessary documents. The assessee has not produced these documents even before Ld. CIT(A) as well. The assessee before us has now submitted the sale deed documents of four properties in support of his contention that ITA No.951/Chny/2024 :- 4 -: cash was deposited out of sale proceed of above lands. The assessee has requested to accept these additional evidences as these documents are core to decide the issue and necessary for substantial justice. We have considered Ld. AR’s request and admit the above documents as these documents are crucial to decide the case. We therefore, remit the matter back to the file of A.O to examine these documents and decide the case afresh. Thus, the appeal filed by the assessee is allowed for statistical purposes only. 7. In the result, the appeal filed by the assessee is allowed for statistical purposes. Order pronounced in the open Court on 24th October, 2024. Sd/- Sd/- (महा वीर िसंह) (Mahavir Singh) उपा \u001f / Vice President (जगदीश) (Jagadish) लेखा लेखा लेखा लेखा सद\u0011य सद\u0011य सद\u0011य सद\u0011य /Accountant Member चे\u0013नई/Chennai, \u0016दनांक/Dated: 24th October, 2024. EDN/- आदेश क\u0019 \bितिल\u001cप अ\u001dे\u001cषत/Copy to: 1. अपीलाथ\u0007/Appellant 2. \b\tथ\u0007/Respondent 3. आयकर आयु\u000f/CIT, Nagercoil 4. िवभागीय \bितिनिध/DR 5. गाड\u0018 फाईल/GF "