2020 (2) TMI 1671 - AT - Income Tax

Addition u/s 69 - unexplained deposits in his bank account - assessee as per its explanation before the tax authorities submitted that he is trading in Kiryana items and has income from sale of agricultural produce along with milk and Ghee and there are some cash receipts from his real brother - HELD THAT - The assessee claims to be illiterate and the fact that he did not have the best of legal advice available, is glaring on the record as even proper and appropriate grounds could not be raised. The aim of the statute is to collect just and due taxes for the State and not encash the ignorance of the tax payers. The representation before the CIT(A) admittedly was not proper. Accordingly, in the interests of substantial justice, the issues are set aside to the file of CIT(A) with the direction to decide the same afresh in accordance with law by way of speaking order after giving the assessee a proper opportunity of being heard. Appeal of the assessee is allowed for statistical purposes.

Summary

Issues:
1. Validity of notice issued by the Assessing Officer
2. Addition of cash deposit in bank account under section 69 of the Income Tax Act
3. Upholding of addition for cash deposit despite proof of business activity
4. Rejection of claim for deduction under section 80C
5. Permission to amend grounds of appeal

Analysis:

1. Validity of Notice:
The appellant challenged the validity of the notice issued by the Assessing Officer under section 148. The appellant argued that the notice was bad in law. The tax effect involved in this issue was Rs 1,07,233.

2. Addition of Cash Deposit:
The Assessing Officer made an addition in the assessment order regarding cash deposits in the bank account under "Unexplained other sources of income" as per section 69 of the Income Tax Act. The appellant contested this addition, claiming that the assessment order was bad in law. The tax effect for this issue was also Rs 1,07,233.

3. Upholding of Addition Despite Proof:
The CIT (A) upheld the addition of Rs 650,000 for cash deposits in the bank account under section 69, despite the appellant providing proof of business activities related to Kiryana items. The appellant argued that the addition should have been under section 68 of the Income Tax Act. The tax effect for this issue was Rs 1,07,233.

4. Rejection of Deduction Claim:
The CIT (A) did not allow the claim for deduction under section 80C against an investment of Rs 1,00,000 in ULIP. The appellant sought this deduction, but it was not granted by the CIT (A).

5. Permission to Amend Grounds:
The appellant requested permission to add, modify, alter, or delete any of the grounds of appeal. This request was made for flexibility in presenting the case effectively.

In the absence of the appellant during the hearing, the appeal proceeded ex parte. The appellant's explanation regarding the cash deposits in the bank account included details about the trading business of Kiryana items and other income sources. The CIT (A) granted partial relief but sustained the addition due to lack of evidence. The CIT (A) also noted the appellant's submission regarding the deduction under section 80C for ULIP investment.

Upon review, it was concluded that the appellant's representation before the CIT (A) was not proper, and the issues were set aside for a fresh decision by the CIT (A) to ensure substantial justice and proper opportunity for the appellant. The appeal was allowed for statistical purposes, and the case was remanded for a fresh decision by the CIT (A) after providing the appellant with a proper opportunity to be heard.