BHAGWAT PRASAD SHARMA,GWALIOR V. INCOME TAX OFFICER 3(1) GWALIOR, GWALIOR

ITA 549/AGR/2024

AI Insights

The case involves appeals by Sh. Bhagwat Prasad Sharma against the orders of the Commissioner of Income Tax (Appeals), NFAC, Delhi, concerning assessments made by the Income Tax Officer for the Assessment Years 2011-12 and 2012-13. The primary issue was the addition of cash deposits amounting to Rs.12.06 Lacs and Rs.11.21 Lacs respectively, which were made in the assessee's savings bank account. The assessee, being a non-filer, had his case reopened, and the additions were made due to the lack of satisfactory explanation for these deposits. The Tribunal found that the reopening was based on a wrong premise and thus set aside the previous orders, remanding the case back to the CIT(A) for a fresh examination.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 126606 (ITAT-AGRA)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-04-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2011-2012
• Laws Referred To: Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SHAILENDER SHRIVASTAVA LD.
• Assessee Lawyers: RAJENDRA SHARMA; LD
• Keywords: Set aside; Commissioner; Commissioner of Income Tax; Statistical purposes; AY 2011-12; Explanation
• Section: 147; 20

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH, AGRA BEFORE HON’BLE SHRI SATBEER SINGH GODARA, JM AND HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM 1. आयकरअपील सं. / ITA Nos. 549/Agr/2024 (िनधाŊरणवषŊ / Assessment Years: 2011-12) & 2. आयकरअपील सं. / ITA Nos.550/Agr/2024 (िनधाŊरणवषŊ / Assessment Years: 2012-13) Sh. Bhagwat Prasad Sharma 185, Gayitri Vihar, Gwalior. बनाम/ Vs. Income-tax Officer, Ward 3(1), Gwalior. ̾थायीलेखासं./जीआइआरसं./PAN/GIR No. AHIPS-2199-D (अपीलाथŎ/Appellant) : (ŮȑथŎ / Respondent) अपीलाथŎकीओरसे/ Appellant by : Sh. Rajendra Sharma, Adv. – Ld. AR ŮȑथŎकीओरसे/Respondent by : Sh. Shailender Shrivastava – Ld. Sr. DR सुनवाईकीतारीख/Date of Hearing : 21-02-2025 घोषणाकीतारीख /Date of Pronouncement : 23-04-2025 आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. Aforesaid appeals by assessee for Assessment Years (AY) 2011-12 & 2012-13 arise out of separate orders of first appellate authority. First, we take up appeal for AY 2011-12 which arises out of an order passed by learned Commissioner of Income Tax (Appeals), NFAC, Delhi [CIT(A)] on 23-09-2024 in the matter of an assessment framed by Ld. Assessing Officer [AO] u/s. 147 r.w.s. 144 of the Act on 14-12-2018. In the assessment order, Ld. AO made addition of cash deposit for Rs.12.06 Lacs for want of any satisfactory explanation from the assessee. The Ld. CIT(A) confirmed the assessment against which the assessee is in further appeal before us. The Ld. AR assailed reopening on the ground that the 2 case was reopened on wrong premise and therefore, the assessment is bad-in-law. Having heard rival submissions, the appeal is disposed-off as under. The registry has noted delay of 20 days in the appeals which stand condoned. 2. Upon perusal of reasons recorded, it could be seen that the case has been reopened on the ground that the assessee deposited cash of Rs.11.21 Lacs in its savings bank account. The assessee was a non-filer and accordingly, the case was reopened. In the absence of any reply from the assessee, Ld. AO assessed entire deposits and interest income. The Ld. CIT(A) confirmed the assessment for the same very reasons. The Ld. AR has stated that there are no such cash deposits and therefore, the formation of belief was on wrong premise. However, at this stage, this argument cannot be accepted since the assessee has remained non- compliant before both the lower authorities. On these facts, we set aside the impugned order and restore the appeal back to the file of Ld. CIT(A) for de novo adjudication after affording reasonable opportunity of hearing to the assessee. The assessee is directed to substantiate its case forthwith. All the issues are kept open. The appeal stand allowed for statistical purposes. 3. Facts as well as issue in AY 2012-13 are quite similar. Accordingly, our adjudication as above shall mutatis-mutandis apply to this appeal also. 3 4. Both the appeals stand allowed for statistical purposes. Order pronounced u/r 34(4) of Income Tax (Appellate Tribunal) Rules, 1963. Sd/- Sd/- (SATBEER SINGH GODARA) (MANOJ KUMAR AGGARWAL) Ɋाियक सद˟ /JUDICIAL MEMBER लेखा सद˟ /ACCOUNTANT MEMBER Dated: 23-04-2025 आदेश की Ůितिलिप अŤेिषत / Copy of the Order forwarded to : 1. अपीलाथŎ/Appellant 2. ŮȑथŎ/Respondent 3. आयकरआयुƅ/CIT 4. िवभागीयŮितिनिध/DR 5. गाडŊफाईल/GF ASSISTANT REGISTRAR ITAT AGRA "