2013 (6) TMI 66 - HC - Income Tax

Unexplained cash deposits in CC account - CIT (A) deleted the addition by accepting the additional evidence - Held that - Though the revenue has claimed large number of questions as substantial questions of law for the opinion of this court, but the issue lies is in narrow compass as entry of Rs. 30,00,000 is on account of counter sales reflected in the current account of the assessee. The assessee has explained the nature of such transaction in appeal. CIT (A) has taken into consideration additional evidence after providing opportunity to the revenue with CIT (A) returning a finding that the assessee has explained the counter sales to the extent of Rs. 1.33 crores which is inclusive of sale of Rs. 30 lacs. Such finding is a finding of fact which does not give rise to any substantial question of law. In favour of assessee.

Summary

Issues:
1. Justification of confirming deletion of cash deposits in CC account.
2. Compliance with Rule 46A(2) regarding additional evidence.
3. Violation of natural justice in not giving opportunity to Assessing Officer.

Analysis:

Issue 1:
The Revenue appealed against the ITAT order confirming deletion of Rs. 30,00,00/- cash deposits in CC account. The CIT(A) deleted the addition based on the explanation provided by the assessee regarding the cash deposits. The ITAT upheld this decision, emphasizing that the assessee had explained the entries on the basis of proceeds from counter sales, contrary to the Assessing Officer's findings. The High Court found that the CIT(A) had considered additional evidence and concluded that the assessee had adequately explained the transactions, making it a finding of fact not raising any substantial question of law. Therefore, the appeal was dismissed.

Issue 2:
The Revenue contended that the CIT(A) did not comply with Rule 46A(2) while admitting additional evidence. However, the Tribunal found that the CIT(A) had forwarded the submissions and evidence to the Assessing Officer for comments, providing an opportunity for verification. The Tribunal concluded that the CIT(A) had followed the procedure under Rule 46A(2), and hence, the argument of non-compliance was deemed untenable.

Issue 3:
The Revenue argued that natural justice was violated as the Assessing Officer was not given an opportunity to rebut the arguments made by the appellant before the CIT(A). The High Court noted that the Assessing Officer did not offer comments on the specific issue raised but relied on the information from AIR for the addition made. The Court found that the CIT(A) had provided an opportunity to the Assessing Officer before admitting additional evidence, thereby ensuring a fair process. Consequently, the appeal was dismissed, and the judgment upheld.

In conclusion, the High Court dismissed the Revenue's appeal, emphasizing that the CIT(A) had considered the explanations provided by the assessee, followed the necessary procedures under Rule 46A(2), and ensured compliance with principles of natural justice.