9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (10) TMI 1060 - AT - Income TaxPowers of the Commissioner of (Appeals) - CIT(A) empowerment to set aside the assessment passed by the Assessing Officer after 01.06.2001 - Held that - A perusal of CIT(A) s order reveals that on one hand the ld. CIT(A) has held that by furnishing statements of affairs, the assessee had been able to explain the accretion to its capital account and assets with reference to the income shown by it in the return of income and therefore the AO s allegation of unexplained cash deposit was not sustainable. However, instead of coming to a definite conclusion in the light of his finding, he restored the matter to the file of AO to examine the matter with certain conditions. As gone through the order passed by the Ld. CIT(A) alongwith the provisions of section 251(1)(a) of the I.T. Act, 1961 as reproduced above and we are of the considered view that Ld. CIT(A) have no powers to set aside the matter to the AO which he has done in the impugned order. We find that Ld. CIT(A) has set aside the issue in dispute to the AO, is contrary to the provisions of law and not sustainable in the eyes of law. - Appeal filed by the Revenue allowed for statistical purposes.
Issues:
1. Empowerment of CIT(A) to set aside assessment post 01.06.2001. Analysis: 1. The appeal involved a dispute for the Assessment Year 2009-10 regarding the Ld. CIT(A)'s authority to set aside assessments post 01.06.2001. The Assessing Officer noted a significant difference between the income declared by the assessee and the total cash deposits in the bank account. The Ld. CIT(A) partly allowed the appeal, emphasizing that unless the Assessing Officer could prove the cash withdrawn was spent elsewhere, the assessee's explanation should be accepted. The Ld. CIT(A) directed the assessee to produce cash statements and explained the source of cash deposits. The Tribunal upheld the Ld. CIT(A)'s decision, emphasizing that the Ld. CIT(A) had not set aside the assessment but only deleted the addition made by the Assessing Officer. 2. The Department appealed to the High Court, challenging the Tribunal's decision. The High Court remitted the matter back to the Tribunal to determine if the CIT(A) had the power to remand the issue for reassessment post the provisions of Section 251 of the Income Tax Act, 1961. Upon rehearing, the Tribunal noted that the CIT(A) had exceeded his powers by setting aside the matter to the AO instead of making a definitive decision based on the evidence presented. The Tribunal concluded that the CIT(A) did not have the authority to remand the issue to the AO and, therefore, canceled the CIT(A)'s order, directing a fresh decision on the merits. 3. Ultimately, the Revenue's appeal was allowed for statistical purposes, emphasizing that the CIT(A) did not have the power to set aside the matter to the AO, contrary to the provisions of the law. The Tribunal directed the CIT(A) to decide the issue on merits in accordance with the law and after providing the assessee with a fair opportunity to be heard. The Tribunal's decision was pronounced on 03/10/2016.
|
