DEBABRATA PAUL,KOLKATA V. ACIT, CIR-50(1), KOLKATA

ITA 2629/KOL/2024

AI Insights

This case involves an appeal by M/s Debabrata Paul against the order of the CIT(A), National Faceless Appeal Centre, Delhi, concerning the assessment year 2017-2018. The primary issue in the appeal was the addition of cash deposits in the bank account during the demonetization period, which the CIT(A) confirmed due to the assessee's failure to provide satisfactory evidence regarding the source of the cash. The assessee argued that they were not given adequate opportunities to present their case at various stages. The Income Tax Appellate Tribunal (ITAT) found merit in the assessee's contention regarding the lack of adequate opportunity and thus restored the matter to the Assessing Officer for a fresh assessment.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 314044 (ITAT-KOLKATA)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-05-2025
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: B
• Assessment Year: 2017-2018
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: NICHOLAS MURMU
• Assessee Lawyers: RITESH MORE
• Keywords: Set aside

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH, KOLKATA BEFORE SHRI GEORGE MATHAN, JUDICIAL MEMBER AND SHRI SANJAY AWASTHI, ACCOUNTANT MEMBER आयकर अपील सं/ITA No.2629/KOL/2024 (निर्धारण वर्ा / Assessment Year : 2017-2018) M/s Debabrata Paul, 94/13, Swami Vivekananda Sarani, BARASAT North 24 parganas- 700124 Vs ACIT, Circle-50(1), Kolkata PAN No. :AFAPP 7722 D (अपीलधर्थी /Appellant) .. (प्रत्यर्थी / Respondent) निर्धाररती की ओर से /Assessee by : Shri Ritesh More, AR रधजस्व की ओर से /Revenue by : Shri Nicholas Murmu, Sr. DR सुनवाई की तारीख / Date of Hearing : 05/05/2025 घोषणा की तारीख/Date of Pronouncement : 05/05/2025 आदेश / O R D E R Per Bench : This is an appeal filed by the assessee against the order dated 01.11.2024, passed by the CIT(A), National Faceless Appeal Centre (NFAC), Delhi in DIN & Order No.ITBA/NFAC/S/250/2024- 25/1070071211(1), for the assessment year 2017-2018. 2. Shri Ritesh More, ld. AR appeared on behalf of the assessee. Shri Nicholas Murmu, ld. Sr. DR appeared on behalf of the revenue. 3. The assessee has filed a document stating that the notice of hearing was received only on 01.05.2025 and he has not been granted sufficient time for necessary consultation with the authorized representative. A perusal of the Form 36 filed by the assessee shows that an email address ITA No.2629/KOL/2024 2 has also been provided under the name of [e-mail] through which notice of hearing has also been sent. The appeal has been filed in December, 2024. The assessee has been submitting before all the authorities that he has not been granted adequate opportunities to provide all the details. A perusal of the order of the ld. CIT(A) also shows that the ld. CIT(A) has confirmed the addition of cash deposited in the bank account during the demonetization period on account of the fact that the assessee has not submitted evidence of the source of cash deposited in the shape of cash book, sales register, stock register, cash flow statement, bank book, bills and vouchers etc. A perusal of the assessment order shows that even though a show cause notice was issued to the assessee for intimating the nature of the additions, the assessee did not reply the same. This being so, in the interest of justice and so as to grant the assessee adequate opportunities to prove its transactions and provide the details, the issues in this appeal are restored to the file of Assessing Officer for readjudication after granting the assessee adequate opportunity of being hard. Should the assessee not cooperate in the set aside proceedings, obviously the Assessing Officer shall be at liberty to draw adverse inference. 4. In the result, appeal of the assessee is partly allowed for statistical purposes. Order dictated and pronounced in the open court on 05/05/2025. Sd/- (SANJAY AWASTHI) Sd/- (GEORGE MATHAN) लेखा सदस्य/ ACCOUNTANT MEMBER न्यधनयक सदस्य / JUDICIAL MEMBER कोलकाता Kolkata; ददनाांक Dated 05/05/2025 Prakash Kumar Mishra, Sr.P.S. ITA No.2629/KOL/2024 3 आदेश की प्रनतललपप अग्रेपर्त/Copy of the Order forwarded to : आदेशधिुसधर/ BY ORDER, (Assistant Registrar) Income Tax Appellate Tribunal, Kolkata 1. अपीलार्थी / The Appellant- 2. प्रत्यर्थी / The Respondent- 3. आयकर आयुक्त(अपील) / The CIT(A), 4. आयकर आयुक्त / CIT 5. विभागीय प्रविविवि, आयकर अपीलीय अविकरण, कोलकाता / DR, ITAT, Kolkata 6. गार्ड फाईल / Guard file. सत्यापपत प्रतत //True Copy// "