GOPAL KRISHNA MISHRA,KANPUR V. .ITO-2(4), KANPUR

ITA 465/LKW/2024

AI Insights

The case involves Shri Gopal Krishna Mishra, the appellant, contesting an appellate order from the Commissioner of Income Tax (Appeals) which sustained an addition of Rs.13,94,320 to his income for the assessment year 2014-15. The addition was initially made by the Assessing Officer under section 69A of the Income Tax Act, concerning unexplained investments in property. The appellant argued that the appellate order was passed without a reasonable opportunity to present his case and that the facts were misconstrued. Both parties agreed to a de novo hearing to clarify the facts and ensure a fair assessment.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 43569 (ITAT-LUCKNOW)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-12-2024
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2014-2015
• Laws Referred To: Income Tax Act
• Result in Favour of: Matter Remanded
• Court: TRIBUNAL
• Department Lawyers: SANJEEV KRISHNA SHARMA
• Assessee Lawyers: SWARN SINGH
• Keywords: Opportunity of being heard; Source of fund
• Section: 69A

Judgement Text

"I.T.A. No.465/Lkw/2024 Assessment Year:2014-15 1 IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH ‘SMC’, LUCKNOW BEFORE SHRI ANADEE NATH MISSHRA, ACCOUNTANT MEMBER I.T.A. No.465/Lkw/2024 Assessment Year:2014-15 Shri Gopal Krishna Mishra, 116/369, Rawatpur, Kanpur. PAN:AGKPM1764D Vs. Income Tax Officer-2(4), Kanpur. (Appellant) (Respondent) O R D E R (A) This appeal vide I.T.A. No.465/Lkw/2024 has been filed by the assessee for assessment year 2014-15 against impugned appellate order dated 20/06/2024 (DIN & Order No.ITBA/NFAC/S/250/2024- 25/1065868329(1) of Commissioner of Income Tax (Appeals) [“CIT(A)” for short]. (B) The facts of the case, in brief, are that in this case assessment order dated 30/12/2019 was passed by the Assessing Officer whereby the assessee’s income was assessed at Rs.31,49,520/- as against returned Appellant by Shri Swarn Singh, C.A. Respondent by Shri Sanjeev Krishna Sharma, Addl. CIT (D.R.) I.T.A. No.465/Lkw/2024 Assessment Year:2014-15 2 income of Rs.7,55,200/-. In the aforesaid assessment order, an addition of Rs.23,94,320/- was made by the Assessing Officer u/s 69A of the I. T. Act, rejecting the assessee’s explanation regarding source of funds for investment in property to the extent of Rs.23,94,320/-. The assessee’s appeal was decided by the learned CIT(A) vide impugned appellate order dated 20/06/2024. Vide impugned appellate order, the learned CIT(A) partly allowed the assessee’s appeal, sustaining the addition of Rs.13,94,320/- and deleting the remaining amount. The present appeal has been filed by the assessee against the aforesaid impugned appellate order dated 20/06/2024. (B) At the time of hearing before us, learned A.R. for the assessee, submitted that the aforesaid impugned appellate order of learned CIT(A) has been passed without providing reasonable opportunity to the assessee. He also submitted that the aforesaid orders have been passed by the Assessing Officer and the learned CIT(A) respectively based on misconstrued understanding of facts. He also submitted that on a proper understanding of the full facts of the case, there was no case for any addition u/s 69A of the Act. the learned A.R. expressed willingness to explain the facts once again to the Assessing Officer and for this purpose he requested that the issue in dispute be restored back to the file of the Assessing Officer with the direction to pass fresh order on this limited issue after providing reasonable opportunity of being heard to the assessee. The learned D.R. for Revenue expressed no objection to this, while accepting that there were gaps in the factual matrix as discernible from the records and the matter requires de novo hearing before the Assessing Officer. I.T.A. No.465/Lkw/2024 Assessment Year:2014-15 3 (C) In view of the foregoing, the issue in dispute in the present appeal is restored back to the file of the Assessing Officer with the direction to pass de novo order on this specific issue in accordance with law after providing reasonable opportunity of being heard to the assessee. (D) In the result, the appeal is allowed for statistical purposes. (Order pronounced in the open court on 18/12/2024) Sd/. (ANADEE NATH MISSHRA) Accountant Member Dated:18/12/2024 *Singh Copy of the order forwarded to : 1. The Appellant 2. The Respondent. 3. Concerned CIT 4. D.R., I.T.A.T., 5. CIT(A) Assistant Registrar "