Income Tax

Addition us 68 remanded back for short time lag between inquiry initiation and conclusion when the evidence was to be produced in just 10 days

Addition us 68 remanded back by ITAT for short time lag between inquiry initiation and conclusion when the evidence was to be produced in just 10 days.

ABCAUS Case Law Citation:
1781 2016 (06) ITAT

Brief Facts of the Case:
During the assessment proceedings, the copy of the cash book was produced before the AO on 14.11.2011. From the copy of the cash book, the AO found that the assessee had taken loan in cash from 36 parties aggregating to Rs.6,50,478/-. The AO directed the assessee to submit source of cash deposits in the bank. The details with regard to the cash taken from 36 persons reflected in the cash book were to be submitted by 24.11.2011. The assessee failed to submit details, and accordingly, the AO had passed assessment order on 26.12.2011. He made addition of Rs.6,50,478/-.

Important Excerpts from ITAT Judgment:

we are of the view that the time lag between the inquiry initiated by the AO and the conclusion of that inquiry was very short. Fact of receipt of cash came to the notice of the AO on submission of cash book, which was submitted on 14.11.2011. The evidence was to be produced by 24.11.2011 in just 10 days. It is not possible to submit the details as called for by the AO.

There is no explanation at the end of the assessee as to why she has not appeared before the CIT(A), but, taking into consideration totality of the circumstances, i.e. time period granted by the AO to explain her position during the assessment proceedings, we deem it appropriate to set aside both the orders and restore this issue to the file of the AO for fresh adjudication. The assessee will be at liberty to submit any detail in support of her stand.

download Full Judgment

Share

Recent Posts

  • Income Tax

Appeal withdrawn against rejection u/s 12AB as assessee was availing benefit u/s 10(23C)(iiiad)

ITAT allows withdrawal of appeal against rejection of registration u/s 12AB as assessee had been availing benefit of blanket exemption…

21 hours ago
  • Income Tax

When delay not mala fide, right of hearing on merit not to be rejected – ITAT

When explanation for delay does not smack of mala fide, right of hearing of appeal on merit ought not to…

23 hours ago
  • Income Tax

Exemption u/s 54 allowed despite failure to deposit in Capital Gains Accounts Scheme

ITAT allows exemption u/s 54 allowed despite failure to deposit the amount in Capital Gains Accounts Scheme and new asset…

2 days ago
  • Income Tax

No addition to be made in hands of assessee solely on basis of uncorroborated loose-sheet

Addition cannot be made in the hands of the assessee solely on the basis of uncorroborated loose-sheet - ITAT In…

2 days ago
  • Income Tax

Claim of Leave Encashment exemption u/s 10(10AA)(ii) dismissed beyond Rs. 3 lakhs

ITAT dismisses claim of Leave Encashment exemption u/s 10(10AA)(ii) beyond Rs. 3 lakhs In a recent judgment, ITAT Ahmedabad has…

2 days ago
  • Income Tax

AO took a reasonable stand that 25 kg written in WhatsApp chat was 25 lakh – ITAT

Assessing Officer had taken a reasonable stand that 25 kg written in WhatsApp chat/text message was 25 lakh - ITAT…

3 days ago