SHANKAR PRASAD GUPTA,KOLKATA V. A.O., CIR. 29, KOLKATA

ITA 758/KOL/2024

AI Insights

The case involves Shankar Prasad Gupta, the appellant, who appealed against the ex-parte orders of the AO and the CIT(A) regarding the assessment year 2017-18. The primary contention was the addition of Rs. 36,01,753 as unexplained cash credit due to unaccounted cash deposits. The appellant's counsel argued that the assessee did not receive any notice and thus could not appear before the lower authorities, leading to the ex-parte decisions. The respondent supported the lower authorities' decisions, noting the assessee's repeated non-appearance. The Tribunal, after considering the circumstances, decided to set aside the previous orders and remand the case for a fresh assessment, emphasizing the need for a fair opportunity for the assessee to present his case.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 28722 (ITAT-KOLKATA)
• Duration Of Justice: 7 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-11-2024
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: A
• Next Hearing Date: 24-10-2024
• Assessment Year: 2017-2018
• Appeal Filed On: 09-04-2024
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Keywords: Set aside; Unexplained cash credit

Judgement Text

" आयकर अपीलȣय अͬधकरण, कोलकाता पीठ “ए’’, कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH: KOLKATA Įी राजपाल यादव, उपाÚय¢ एबं Įी राजेश क ुमार, लेखा सदèय क े सम¢ [Before Shri Rajpal Yadav, Vice-President & Shri Rajesh Kumar, Accountant Member ] I.T.A. No. 758/Kol/2024 Assessment Year: 2017-18 Shankar Prasad Gupta (PAN: ADYPG 0948 G) Vs. AO, Cir-29, Kolkata Appellant / ) अपीलाथȸ ( Respondent / (Ĥ×यथȸ) Date of Hearing / सुनवाई कȧ Ǔतͬथ 24.10.2024 Date of Pronouncement/ आदेश उɮघोषणा कȧ Ǔतͬथ 20.11.2024 For the Appellant/ Ǔनधा[ǐरती कȧ ओर से Shri Miraj D Shah, A.R For the Respondent/ राजèव कȧ ओर से Shri Pradip Kumar Biswas, Addl. CIT ORDER / आदेश Per Rajesh Kumar, AM: This is the appeal preferred by the assessee against the order of the Ld. Commissioner of Income Tax (Appeals)-NFAC, Delhi (hereinafter referred to as the Ld. CIT(A)”] dated 01.02.2024 for AY 2017-18. 2. At the outset, the ld. Counsel for the assessee submitted that the assessment as well as appellate orders were framed ex-parte when the assessee did not appear before the authorities below. The Ld. Counsel submitted that the non-appearance was not 2 I.T.A. No.758/Kol/2024 Assessment Year: 2017-18 Shankar Prasad Gupta attributable to the failure of the assessee as a matter of fact the assessee did not receive any notice and therefore could not appear to attend the proceedings before either of the authorities. The Ld. Counsel for the assessee submitted that the addition made by the AO of Rs. 36,01,753/- as unexplained cash credit on account of cash deposits which could not be explained by the assessee and was added without there being documents or evidences on record. The Ld. A.R therefore prayed that the appeal of the assessee may kindly be restored to the file of AO so that the assessee gets one more opportunity to present his case before the AO and the assessment is framed de novo after taking into account the contentions of the assessee. 3. The Ld. D.R on the other hand relied on the authorities below by submitting that the assessee did not appear before either of the authorities despite granting several opportunities however left the issue to the wisdom of the bench. 4. After hearing the rival contentions and perusing the material on record, we find that the orders of AO as well as Ld. CIT(A) were passed ex-parte. We note that the addition made by the AO was on account of unexplained cash deposits which were made on the basis of facts available before the AO. In our opinion, the issue is required to be examined at the level of AO afresh in the light of the evidences and arguments which the Counsel of the assessee may furnish before the AO to well serve the ends of justice. Accordingly, we set aside the order to the file of AO to decide the issue afresh after affording a reasonable opportunity of hearing to the assessee. 5. In the result, the appeal of the assessee is allowed for statistical purposes. Order is pronounced in the open court on 20th November, 2024 Sd/- Sd/- (Rajpal Yadav /राजपाल यादव) (Rajesh Kumar/राजेश क ुमार) Vice-President/उपाÚय¢ Accountant Member/लेखा सदèय Dated: 20th November, 2024 SM, Sr. PS 3 I.T.A. No.758/Kol/2024 Assessment Year: 2017-18 Shankar Prasad Gupta Copy of the order forwarded to: 1. Appellant- Shankar Prasad Gupta, 239, Roy Bahadur Road, Behala, Kolkata- 700053 2. Respondent – AO, Circle-29, Kolkata 3. Ld. CIT(A)- NFAC, Delhi 4. Ld. PCIT- , Kolkata 5. DR, Kolkata Benches, Kolkata (sent through e-mail) True Copy By Order Assistant Registrar ITAT, Kolkata Benches, Kolkata "