ACIT CENTRAL CIRCLE 2 (3), CHENNAI V. MS J ANUSUYA, CHENNAI

ITA 1522/CHNY/2018

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 8346 (ITAT-CHENNAI)
• Duration Of Justice: 7 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-01-2019
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2013-2014
• Appeal Filed On: 04-05-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: S SRIDHAR
• Section: 68

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, CHENNAI . . . , ! ' , $ '% BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER ./ ITA NO.1522/CHNY/2018 ( )( / ASSESSMENT YEAR : 2013-14 THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2(3), CHENNAI. V. MS. J. ANUSUYA, NO.1, KASTURBAI NAGAR, FIRST MAIN ROAD, ADAYAR, CHENNAI - 600 020. PAN : AAIPA 4695 H (+,/ APPELLANT) (-.+,/ RESPONDENT) +, / 0 / APPELLANT BY : SHRI AR.V. SREENIVASAN, JCIT -.+, / 0 / RESPONDENT BY : SHRI S. SRIDHAR, ADVOCATE 1 / 2$ / DATE OF HEARING : 31.12.2018 34) / 2$ / DATE OF PRONOUNCEMENT : 02.01.2019 / O R D E R PER N.R.S. GANESAN, JUDICIAL MEMBER : THIS APPEAL OF THE REVENUE IS DIRECTED AGAINST TH E ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) -15, CHENNAI, DATED 30.01.2018 AND PERTAINS TO ASSESSMENT YEAR 2013-14. 2. SHRI AR.V. SREENIVASAN, THE LD. DEPARTMENTAL REP RESENTATIVE, SUBMITTED THAT THE ASSESSEE HAS FILED FRESH EVIDENC E BEFORE THE 2 I.T.A. NO.1522/CHNY/18 CIT(APPEALS). ACCORDING TO THE LD. D.R., THE CIT(A PPEALS) WITHOUT CALLING FOR REMAND REPORT FROM ASSESSING OFFICER, D IRECTED THE ASSESSING OFFICER TO VERIFY THE CASH BOOK AND OTHER MATERIAL AND THEREAFTER DELETE THE ADDITION TO THE EXTENT THE ASSESSEE IS ABLE TO SUBMIT PROPER SUPPORTING DOCUMENTS. ACCORDING TO THE LD. D.R., T HE CIT(APPEALS) HAS NO POWER TO REMAND THE MATTER BACK TO THE ASSESSING OFFICER. IF AT ALL ANY EVIDENCE WAS FILED, IT IS FOR THE CIT(APPEALS) TO EXAMINE THE SAME OR TO CALL FOR REMAND REPORT FROM THE ASSESSING OFFICE R. ACCORDING TO THE LD. D.R., THE CIT(APPEALS) HAS NO AUTHORITY TO DIRECT THE ASSESSING OFFICER TO EXAMINE AND ALLOW THE CLAIM. ON A QUERY FROM THE B ENCH WHETHER THE ISSUE RAISED BY THE ASSESSEE NEEDS VERIFICATION OF CASH BOOK AND OTHER MATERIAL EVIDENCE, THE LD. D.R. VERY FAIRLY SUBMITT ED THAT IT NEEDS VERIFICATION. HOWEVER, ACCORDING TO THE LD. D.R., THE CIT(APPEALS) CANNOT DIRECT THE ASSESSING OFFICER TO MAKE SUCH VE RIFICATION. 3. WE HEARD SHRI S. SRIDHAR, THE LD.COUNSEL FOR THE ASSESSEE ALSO. ADMITTEDLY, THE ASSESSEE HAS FILED ADDITIONAL EVIDE NCE BEFORE THE CIT(APPEALS) IN SUPPORT OF THE CASH CREDIT. THE AS SESSING OFFICER FOUND THAT THERE WAS A DEPOSIT OF 74,53,500/- IN THE HDFC BANK ACCOUNT OF THE ASSESSEE. THEREFORE, THE SAME WAS TREATED AS UNEXP LAINED CASH CREDIT UNDER SECTION 68 OF THE INCOME-TAX ACT, 1961 (IN SH ORT 'THE ACT'). IT IS NOT IN DISPUTE THAT THE ASSESSEE HAS FILED ADDITIONAL E VIDENCE / MATERIAL BEFORE THE CIT(APPEALS). THE CIT(APPEALS) DIRECTED THE ASSESSING 3 I.T.A. NO.1522/CHNY/18 OFFICER TO VERIFY THE CASH BOOK AND OTHER EVIDENCE FILED BY THE ASSESSEE AND THEREAFTER ALLOW THE CLAIM OF THE ASSESSEE TO T HE EXTENT TO WHICH SUPPORTING DOCUMENTS ARE FILED. 4. AS RIGHTLY SUBMITTED BY THE LD. D.R., THE CIT(AP PEALS) HIMSELF OUGHT TO HAVE EXAMINED THE MATERIAL FILED BY THE AS SESSEE OR HE OUGHT TO HAVE CALLED FOR REMAND REPORT FROM THE ASSESSING OF FICER. THE CIT(APPEALS) HAS NO POWER TO REMAND BACK THE MATTER TO THE FILE OF THE ASSESSING OFFICER. HOWEVER, THE FACT REMAINS THAT THE MATERIAL FILED BY THE ASSESSEE NEEDS TO BE EXAMINED AND VERIFIED BY T HE ASSESSING OFFICER. IN VIEW OF THE ABOVE, IN EXERCISE OF THE POWER CONFERRED ON THIS TRIBUNAL, THE ENTIRE ISSUE IS REMITTED BACK TO THE FILE OF THE ASSESSING OFFICER. THE ASSESSING OFFICER SHALL RE-EXAMINE TH E MATTER ON THE BASIS OF THE MATERIAL FILED BY THE ASSESSEE AND THEREAFTE R DECIDE THE ISSUE AFRESH IN ACCORDANCE WITH LAW, AFTER GIVING A REASO NABLE OPPORTUNITY TO THE ASSESSEE. 5. IN VIEW OF THE ABOVE, THIS TRIBUNAL MODIFY THE O RDER OF THE CIT(APPEALS) AND REMIT BACK THE ENTIRE ISSUE TO THE FILE OF THE ASSESSING OFFICER. THE ASSESSING OFFICER SHALL RE-EXAMINE TH E ISSUE IN THE LIGHT OF THE MATERIAL FILED BY THE ASSESSEE AND THEREAFTER D ECIDE THE SAME AFRESH IN ACCORDANCE WITH LAW, AFTER GIVING A REASONABLE O PPORTUNITY TO THE ASSESSEE. 4 I.T.A. NO.1522/CHNY/18 6. IN THE RESULT, THE APPEAL FILED BY THE REVENUE I S ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE COURT ON 2 ND JANUARY, 2019 AT CHENNAI. SD/- SD/- ( ! ' ) ( . . . ) (INTURI RAMA RAO) (N.R.S. GANESAN) $ / ACCOUNTANT MEMBER /JUDICIAL MEMBER /CHENNAI, 6 /DATED, THE 2 ND JANUARY, 2019. KRI. / -278 98)2 /COPY TO: 1. +, /APPELLANT 2. -.+, /RESPONDENT 3. 1 :2 () /CIT(A)-15, CHENNAI-34 4. PRINCIPAL CIT-6, CHENNAI 5. 8; -2 /DR 6. <( = /GF.