ARUNKUMAR RAMALAKSHMI,ERODE V. COMMISSIONER OF INCOME TAX (APPEALS), DELHI

ITA 2960/CHNY/2024

AI Insights

The case involves an appeal by Arunkumar Ramalakshmi against the order of the Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi, concerning the assessment year 2013-14. The primary issue arose from the Assessing Officer's treatment of a cash deposit of ₹10,66,000 as unexplained credit due to the assessee's failure to provide necessary documentation and explanations despite multiple notices. The CIT(A) upheld the Assessing Officer's decision, leading to the appeal. The Tribunal noted the assessee's lack of representation and previous non-compliance but decided to remand the case for a thorough examination, providing the assessee another opportunity to present her case.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 107572 (ITAT-CHENNAI)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-02-2025
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: C
• Assessment Year: 2013-2014
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: R.ANITA
• Keywords: Unexplained cash credit; Gift

Judgement Text

"आयकर अपीलीय अिधकरण, ’सी’ Ɋायपीठ, चेɄई IN THE INCOME-TAX APPELLATE TRIBUNAL ‘C’ BENCH, CHENNAI ŵी एस.एस. िवʷनेũ रिव, Ɋाियक सद˟ एवं ŵी अिमताभ शुƑा, लेखा सद˟ क े समƗ Before Shri S.S. Viswanethra Ravi, Judicial Member & Shri Amitabh Shukla, Accountant Member आयकर अपील सं./I.T.A. No.2960/Chny/2024 िनधाŊरण वषŊ/Assessment Year: 2013-14 Arunkumar Ramalakshmi, D1, Garudha Apartment, Ishwarya Garden, Villarasampatti, Erode 638 107. [PAN:ANKPR7159Q] Vs. The Income Tax Officer, Ward 2(1), Erode. (अपीलाथŎ/Appellant) (ŮȑथŎ/Respondent) अपीलाथŎ की ओर से / Appellant by : None ŮȑथŎ की ओर से/Respondent by : Ms. R. Anita, Addl. CIT सुनवाई की तारीख/ Date of hearing : 22.01.2025 घोषणा की तारीख /Date of Pronouncement : 07.02.2025 आदेश /O R D E R PER S.S. VISWANETHRA RAVI, JUDICIAL MEMBER: This appeal filed by the assessee is directed against the order dated 27.09.2024 passed by the ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre [NFAC], Delhi for the assessment year 2013-14. 2. We find no representation on behalf of the assessee or any application filed seeking adjournment. Thus, the assessee called absent I.T.A. No.2960/Chny/24 2 and set exparte. We proceed to decide the appeal on merits after hearing the ld. DR basing on the material available on record. 3. At the outset, we note that the Assessing Officer received information that the assessee made cash deposit of ₹.10,66,000/- and found no return of income filed. Against the notice issued under section 148 of the Income Tax Act, 1961 [“Act” in short], the assessee filed the return of income declaring total income of ₹.2,00,000/- on account of income from other sources. The Assessing Officer asked the assessee to furnish copy of bank statement, copy of AS26 reconciliation of income, etc., but, however, the assessee did not file any reply or complied with the details called for. The assessee submitted a sheet reflecting the amount of money received by her as reproduced at para 7 of the assessment order, which is reproduced herein below: Salary based savings ₹.5,17,500/- Gift based savings ₹.3,80,001/- Interest income (Financing to relatives) – ₹.56,649/- Total savings as on 01.04.2012 ₹.10,45,001/- Less - transactions during the year 1. Interest income ₹.2,00,000/- 2. Loans given to relatives – ₹.10,00,000/- 4. The Assessing Officer asked the assessee to furnish details of sources of cash deposits with proper documentary evidences. Since I.T.A. No.2960/Chny/24 3 the assessee failed to furnish any details, the Assessing Officer treated the cash deposit of ₹.10,66,000/- as unexplained credit and added to the total income of the assessee. On appeal, the ld. CIT(A) confirmed the additions/disallowances and dismissed the appeal of the assessee since the assessee could not furnish any submissions in support of grounds raised by her or there was any response to the notices issued by the ld. CIT(A). 5. We note that the Assessing Officer issued show cause notice dated 19.08.2021 in the form of draft assessment order requesting the assessee to furnish various details as stated at para 8 of the assessment order. On perusal of the assessment order as well as impugned order, we note that there was no assistance from the assessee to the notices issued by the Assessing Officer as well as ld. CIT(A). We find that the ld. CIT(A) issued 3 notices to the assessee, but, there was no compliance. In the grounds of appeal, the assessee made a submission that the assessee was unable to proceed with the case due to the untimely death of her husband and produced copy of the death certificate on record. Considering the facts and circumstances of the case and in the interest of justice, we deem it proper to remand the matter to the file of the Assessing Officer to afford one more opportunity to the assessee and I.T.A. No.2960/Chny/24 4 decide the matter in accordance with law. The assessee is directed to furnish complete details to substantiate her case before the Assessing Officer. Thus, grounds raised by the assessee are allowed for statistical purposes. 6. In the result, the appeal filed by the assessee is allowed for statistical purposes. Order pronounced on 07th February, 2025 at Chennai. Sd/- Sd/- (AMITABH SHUKLA) ACCOUNTANT MEMBER (S.S. VISWANETHRA RAVI) JUDICIAL MEMBER Chennai, Dated, 07.02.2025 Vm/- आदेश की Ůितिलिप अŤेिषत/Copy to: 1. अपीलाथŎ/Appellant, 2.ŮȑथŎ/ Respondent, 3. आयकर आयुƅ/CIT, Chennai/Madurai/Coimbatore/Salem 4. िवभागीय Ůितिनिध/DR & 5. गाडŊ फाईल/GF. "