Mr. Malagaranahalli Chikkonu Prasanna, Bangalore V. Income Tax Officer, Ward-3(2)(3), Bangalore

ITA 999/BANG/2022

• Counselvise Citation: [2022] 103 COUNSELVISE.COM (IT) 8546 (ITAT-BANGALORE)
• Duration Of Justice: 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-11-2022
• Appeal Filed By: Assessee
• Order Result: PartlyAllowed
• Bench Allotted: A
• Next Hearing Date: 14-11-2022
• Assessment Year: misc
• Appeal Filed On: 16-10-2022
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: THIPPESWAMY
• Keywords: Business income; Set aside
• Section: 144; 154; 69A

Judgement Text

ITA No.999/Bang/2022 Mr. Malagaranahalli Chikkonu Prasanna, Bangalore IN THE INCOME TAX APPELLATE TRIBUNAL “A’’ BENCH: BANGALORE BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SMT. BEENA PILLAI, JUDICIAL MEMBER ITA No.999/Bang/2022 Assessment Year: 2017 – 18 Mr. Malagaranahalli Chikkonu Prasanna No.36, Lekhana House, Ground Floor, 3 rd Main Road, HBCS, ITI Layout, Nayandahalli Bangalore 560 039 PAN NO : BBUPP5953M Vs. ITO Ward-3(2)(3) Bangalore APPELLANT RESPONDENT Appellant by : Shri Thippeswamy, A.R. Respondent by : Shri Gudimella V.P. Pavan Kumar, D.R. Date of Hearing 15 11 2022 Date of Pronouncement 15 11 2022 O R D E R PER CHANDRA POOJARI, ACCOUNTANT MEMBER: This appeal by assessee is directed against order of the CIT(A) dated 17.8.2022 for the assessment year 2017-18. The assessee has raised various grounds with regard to sustaining addition of Rs.94,32,524/- towards deposit in assessee’s bank account with the Axis Bank No.94020056631515 and estimation of income from business. Originally, the assessment order was framed u/s 144 of the Income-tax Act,1961 ['the Act' for short] by the AO as follows:- ITA No.999/Bang/2022 Mr. Malagaranahalli Chikkonu Prasanna, Bangalore Page 2 of 3 Returned income Nil Addition u/s 69A of the Act 1,29,86,825/- (Taxed at 60% u/s 150BBE of the Act) (8% Income on turnover of Rs.1,43,43,936/-) 11,47,514/- ______________ Total:- 1,41,34,339/- ______________ 2. Against this assessee filed petition u/s 154 of the Act before the AO stating that assessee has deposited total amount of Rs.1,04,60,327/-, out of which an amount of Rs.93,43,150/- was deposited before demonetization and only an amount of Rs.12,75,450/- was deposited after demonetization and the entire amount has been from assessee’s business receipts as the assessee is engaged in the selling of Milky Mist products like Panneer, Cream, Ghee, Curd, Khova, etc. According to the assessee, the assessment has been framed wrongly in this case and requested the AO to recall the order and pass fresh order. However, the said petition filed by the assessee u/s 154 of the Act has been dismissed. Against this, assessee went in appeal before Ld. CIT(A). The Ld. CIT(A) has also observed that assessee has not explained the source of deposit into bank account and also the AO have no power to recall the order passed u/s 144 of the Act by exercising power u/s 154 of the Act. Against this assessee is in appeal before us. 3. We have heard the rival submissions and perused the materials available on record. In this case, originally assessment order has been passed u/s 144 of the Act dated 21.10.2019. The assessee has not participated in the assessment proceedings. The order is ex-parte. The assessee has filed petition u/s 154 of the Act seeking the recall of the said order, which the AO failed to do so. ITA No.999/Bang/2022 Mr. Malagaranahalli Chikkonu Prasanna, Bangalore Page 3 of 3 Against this, assessee has also filed appeal before Ld. CIT(A) requesting the Ld. CIT(A) to set aside the order passed by the AO u/s 144 r.w.s. 154 of the Act, which has not been considered by the Ld. CIT(A). In our opinion, in the interest of justice, it is fair to set aside the entire issue to the file of the AO as the assessment order is ex- parte with direction to the AO to give an opportunity of hearing to the assessee before deciding the same. Accordingly, the entire issue is remitted to the file of AO for fresh consideration and to decide in accordance with law after giving an opportunity of hearing to the assessee. 4. In the result, the appeal filed by the assessee is partly allowed for statistical purposes. Order pronounced in the open court on 15 th Nov, 2022 Sd/- (Beena Pillai) Judicial Member Sd/- (Chandra Poojari) Accountant Member Bangalore, Dated 15 th Nov, 2022. VG/SPS Copy to: 1. The Applicant 2. The Respondent 3. The CIT 4. The CIT(A) 5. The DR, ITAT, Bangalore. 6. Guard file By order Asst. Registrar, ITAT, Bangalore