TANVEER ALAM,KOLKATA V. ITO, WARD-32(4), KOLKATA

ITA 1970/KOL/2024

AI Insights

This case involves an appeal by Tanveer Alam against the order of the National Faceless Appeal Centre, Delhi, concerning the assessment year 2017-18. The primary issue arose from the assessee's failure to comply with requests for documentation regarding unexplained cash deposits during the demonetization period and deductions/exemptions from capital gains. The AO had initially assessed the total income significantly higher than declared due to non-compliance with documentation requests. Both the AO and the CIT(A) upheld this assessment, leading to the appeal before the Tribunal. The Tribunal found that the assessee had not been given a fair opportunity to present his case and thus remitted the matter back to the AO for a fresh assessment.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 668948 (ITAT-KOLKATA)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-06-2025
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: C
• Assessment Year: 2017-2018
• Laws Referred To: Income Tax Act
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: NICHOLAS MURMU
• Assessee Lawyers: G. BANERJEE
• Keywords: Set aside; Capital Gains
• Section: 68

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH, KOLKATA BEFORE SHRI PRADIP KUMAR CHOUBEY, JM AND SHRI SANJAY AWASTHI, AM ITA No. 1970/KOL/2024 (Assessment Year: 2017-18) Tanveer Alam 45/AA, Shamsul Huda Road Kolkata-700017, West Bengal Vs. Income Tax officer, 10B, Middleton Row, Kolkata-700071, West Bengal (Appellant) (Respondent) PAN NO. ACGPA7829R Assessee by : Shri G. Banerjee, AR Revenue by : Shri Nicholas Murmu, DR Date of hearing: 17.06.2025 Date of pronouncement: 23.06.2025 O R D E R Per Pradip Kumar Choubey, JM: This is an appeal preferred by the assessee against the order of the National Faceless Appeal Centre, Delhi (hereinafter referred to as the “Ld. CIT(A)”] dated 19.06.2024 for the AY 2017-18. 02. The brief facts of the case is that the assessee filed the return of income declaring total income of ₹16,14,770/-. The case of the assessee was selected for scrutiny on the reason of cash deposit during demonetization period and deduction/ exemption from capital gains. The notice u/s 143(2) has been served but the assessee did not make any compliance. The assessee has been requested to furnish the documents but assessee again failed to comply. The ld. AO assessed the total income at ₹80,94,813/-, when there were no sufficient Page | 2 ITA No. 1970/KOL/2024 Tanveer Alam; A.Y. 2017-18 documents have been filed by the assessee. Aggrieved by the said order, the assessee preferred the appeal before the ld. CIT (A), wherein the appeal of the assessee has been dismissed. 03. Being aggrieved and dissatisfied, the ld. AR challenges the very impugned order, thereby submitting that the addition u/s 68 of the Act of the alleged ground of unexplained cash deposit to bank account disregarding regularly maintained books of accounts is wrong, erroneous and mis-conceived. The ld. AR further submits that the assessee made submission but that was not properly appreciated by the authorities below. The ld. AR has filed paper books in support of his contention before the Tribunal. 04. Contrary to that, the ld. DR supports the order of the lower authorities. 05. Upon hearing the submissions of the counsel of the respected parties, we have perused the order of the ld. lower authorities. In the assessment order, the ld. AO has stated that notice u/s 143(2) has been served but the assessee did not make any compliance. It has further been stated by the ld. AO that some specific documents asked from the assessee but assessee has filed only bank statements and failed to comply the notices regarding the documents. It has further been stated by the ld. AO that the assessee made only part compliances. The ld. AO in its operative portion has clearly stated that till date of passing of the order the assessee did not make any compliance in respect of above show cause nor furnished documents as asked for. We have gone through the order passed by the ld. CIT (A) and find that the ld. CIT (A) in its order has also held that in spite of opportunity given by the ld. AO, the assessee failed to adduce any documentary evidences to prove the source of cash deposits. The assessee could not discharge the basic Page | 3 ITA No. 1970/KOL/2024 Tanveer Alam; A.Y. 2017-18 and germane burden of explaining his case to the satisfaction of the ld. Assessing Officer. The main crux of the order of both the lower authorities are that the assessee failed to furnish sufficient documentary evidences in support of his case. Before us, the assessee has filed monthly cash summary for F.Y. 2015-16 and 2016-17, audited statement of accounts for F.Y. 2016-17, Registered Valuer’s report dated 27.06.2011 for valuation of property and accounts of Calcutta skin suppliers & Md. Samiullah S.B. & co. for F.Y. 2009-10. The assessee has also given a certificate which is as under: - Page | 4 ITA No. 1970/KOL/2024 Tanveer Alam; A.Y. 2017-18 06. Keeping in view the order passed by the ld. lower authorities and the certificate given by the ld. AR as discussed above, we are inclined to restore the appeal of the assessee before the ld. AO for fresh adjudication after giving an opportunity to the assessee to place all the documentary evidences essentially to just decision of the case. Accordingly, the order passed by both the ld. lower authorities are set aside. The appeal of the assessee is remitted back to the file of the ld. AO for fresh adjudication. 07. In the result, the appeal of the assessee is allowed for statistical purposes. Order pronounced in the open court on 23.06.2025. Sd/- Sd/- SANJAY AWASTHI (PRADIP KUMAR CHOUBEY) (ACCOUNTANT MEMBER) (JUDICIAL MEMBER) Kolkata, Dated: 23.06.2025 Sudip Sarkar, Sr.PS Copy of the Order forwarded to: 1. The Appellant 2. The Respondent 3. CIT 4. DR, ITAT, 5. Guard file. BY ORDER, True Copy// Sr. Private Secretary/ Asst. Registrar Income Tax Appellate Tribunal, Kolkata "