Income Tax

For assessment framed u/s 144 rejection of application to lead additional evidence unjustified – ITAT

When assessment was framed u/s 144 rejection of application by CIT(A) under Rule 46A to lead additional evidence was unjustified – ITAT

ABCAUS Case Law Citation:
ABCAUS 2766 (2019) (02) ITAT

The appellant assessee had sought to set aside the impugned order passed by CIT (Appeals),

The Assessing Officer (AO) had framed the assessment under section 144/147 of the Income-tax Act, 1961 (‘the Act’) due to non-appearance of the assessee despite notice.

The AO made addition on account of unexplained cash deposited in the saving bank account during the year under assessment.

The assessee carried the matter by way of an appeal before the CIT (Appeals) who confirmed the addition by rejecting the application for additional evidence moved under Rule 46A of the Income-tax Rules, 1962 ( ‘the Rules’) and dismissed the appeal.

Feeling aggrieved, the assessee has went before the Tribunal by way of filing the appeal.

The Tribunal observed that undisputedly, the assessment had been framed by the AO u/s 144/147 of the Act on the ground that the assessee had not cooperated by joining the proceedings.

It was further noted that the assessee had categorically sought to lead additional evidence by moving an application under Rule 46A of the Rules to prove on record copy of ITR filed, computation of income, copy of bank account and cash flow statement, but the CIT (A) summarily rejected the same on the ground that all these documents were available with the assessee during the assessment proceedings but he had not produced the same.

The Tribunal opined that when undisputedly the assessee remained unrepresented during the assessment proceedings and the assessment was framed u/s 144/147 of the Act, the question of producing the documents sought to be proved by way of additional evidence before him, did not arise.

According to the Tribunal , all the documents sought to be proved by the assessee during appellate proceedings by way of additional evidence were necessary to reach at the logical conclusion and in these circumstances, the assessee was entitled to be given adequate opportunity of being heard in order to meet with the ends of justice.

Consequently, the ITAT set aside the impugned order passed by the CIT (A) and remanded the file back to the AO to decide afresh

Download Full Judgment Click Here >>

Share

Recent Posts

  • Income Tax

A bald statement recorded during survey can not be basis for any addition

A bald statement recorded during survey would not in itself be a foundation for any addition - ITAT In a…

17 minutes ago
  • ICAI

ICAI issued Guidelines for responding to Tenders by Chartered Accountants

ICAI issued Guidelines for responding to Tenders by Chartered Accountants The ICAI has issued Tender guidelines to Chartered Accountants for…

26 minutes ago
  • ICAI

Empanelment of ICAI Exam observer for January 2027 Examinations. Last date: 20.11.2026

Empanelment to act as ICAI exam observers for January 2027 CA Examination. Last date to apply is 20.11.2026 Empanelment of…

2 days ago
  • GST

No arrest under GST- Major decision of 57th Meeting of GST Council held on 8th October 2026

No arrest under GST- Major decision taken in 57th Meeting of the GST Council on 8th October 2026 PRESS RELEASE…

3 days ago
  • Income Tax

Later SC ruling cannot render an act done in compliance of a court order a statutory default

A subsequent Apex Court ruling on the substantive issue cannot retrospectively make an act done in compliance of a binding…

4 days ago
  • Income Tax

Interest payment on mobilisation advance to NHAI not liable to TDS u/s 194A

Interest payment on mobilisation advance to NHAI not liable for deduction of tax at source u/s 194A - ITAT Interest…

5 days ago