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

Once assessee discharges primary onus, it shifts to AO to bring evidence to contrary – ITAT

Once assessee discharges primary onus of providing basic documents in support of the identity, genuineness and the creditworthiness it shifts…

6 hours ago
  • Income Tax

Cost Inflation Index for FY/Tax Year 2026-27 notified by CBDT. See Up-to-date Table of CII

CBDT has notified Cost Inflation Index for Financial Year / Tax Year 2026-27 CBDT has notified "384" as Cost Inflation…

16 hours ago
  • Income Tax

Power of CIT(A) u/s 251(1)(a) to remand case can be exercised only in best judgment assessment

Power of CIT(A) under section 251(1)(a) to remand case could be exercised only when the assessment is passed u/s 144…

1 day ago
  • ICAI

ICAI (Global Networking) Guidelines, 2025 kept in abeyance

ICAI (Global Networking) Guidelines, 2025 kept in abeyance In February 2026, ICAI had issued ICAI (Global Networking) Guidelines 2025 to…

2 days ago
  • Empanelment

Bank of India-Online Concurrent Audit Empanelment FY 2026-27. Last Date : 15.07.2026

Bank of India-Online Concurrent Audit Empanelment  FY 2026-27. Last Date to apply is 15.07.2026 Notice for CA firms applying for…

2 days ago
  • Income Tax

Assessing Officer not an expert to do the job of share premium valuation – ITAT

  AO was not competent in valuing the share premium amount as he is not an expert to do the…

2 days ago