Income Tax

When AO submitted positive remand report CIT could not have sustained the addition

When  AO submitted positive remand report accepting the genuineness of transaction, CIT(A) ought not to have sustained the addition – ITAT

ABCAUS Case Law Citation:
ABCAUS 2820 (2019) (03) ITAT

The appeal in this case was filed by the assessee against the order of CIT(A) in confirmation of the addition made by the Assessing Officer (AO) as unexplained investment u/s 69 of the Income tax Act, 1961 (the Act).

The assessee was running a proprietary firm. A survey was conducted in which the fact of the assessee having constructed a house transpired.

The assessee, regarding the source of investment submitted that a loan at 75% of the value of plot was taken from the Bank and remaining 25% was contributed out of business income.

The AO accepted such an explanation.

As regards the investment in construction, the assessee submitted that similarly, the construction was made partly by taking a loan and the remaining amount was invested out of business income.

However, since there was no reflection of such business income in the books of account, the assessee, during the survey declared additional income.

However, at the time of filing the return, the assessee made out a claim that such sum was a declared source for which investment was made in construction. It was stated that part of the money was received from his wife out of her HUF’s share and further part amount was withdrawn from business by means of an accounting entry.

However, the AO did not accept the genuineness of transactions and made the addition as above.

The CIT(A) called for the remand report from the AO about the assessee’s explanation of having received amount from genuine and known sources.

The AO tendered his remand report. Not convinced, the CIT(A) sustained the disallowance.

The Tribunal observed that as per the remand report, the family members of the assessee’s wife admitted having given to her the amount in question and all those relatives also stated so in the depositions made before the AO which had not been controverted with any cogent material or evidence. Rather, the AO had himself recorded in the remand report that the affidavit filed could be relied upon.

As regards the source of cash withdrawal, the Tribunal noted that the AO in his remand report had categorically recorded that the fact of withdrawal from the business was verified from the books,

The Tribunal, in view of the remand report submitted by the AO accepting the genuineness of source of investment held that the CIT(A) ought not to have sustained the addition to this extent.

Accordingly the addition was directed to be deleted.

Download Full Judgment Click Here >>

Share

Recent Posts

  • RBI

RBI specifies ‘Related Party’ with respect to banks

RBI specifies ‘Related Party’ with respect to bank RBI has issued RBI Credit Risk Management Directions, 2025 defining ‘Related Party’…

1 hour ago
  • GST

Advisory on Filing Opt-In Declaration for Specified Premises, 2025

Advisory on Filing Opt-In Declaration for Specified Premises, 2025 Dear Taxpayers, The relevant declarations issued vide Notification No. 05/2025 –…

1 day ago
  • GST

FAQs for HSNS Cess Act, 2025 and HSNS Cess Rules, 2026

FAQs for HSNS Cess Act, 2025 and HSNS Cess Rules, 2026 Q1. Who is required to get registered under the…

3 days ago
  • Income Tax

Refusing to condone delay can result in a meritorious matter thrown out at threshold

Refusing to condone delay can result in a meritorious matter thrown out at very threshold against case being decided on…

4 days ago
  • Income Tax

Prior period income cannot be considered as income of the current year

When prior period expenses are not admissible as deduction, following the same principle the prior period income also cannot be…

4 days ago
  • Income Tax

SC condoned delay of 972 days in filing appeal due to restructuring in Department

Supreme Court condoned delay of 972 days in filing appeal due to restructuring in Income Tax Department In a recent…

5 days ago