2019 (11) TMI 1757 - AT - Income Tax

Reopening of assessment u/s 147 - HELD THAT - As it is an admitted fact that the assessee has raised the ground challenging the issuance of notice u/s 148 for reopening the assessment u/s 147 but the same was not before the Ld. CIT(A) and there was no discussion in the impugned order. As therefore, in the absence of clear facts on record regarding the reopening of the assessment under section 148 of the Act, deem it appropriate to set aside this case back to the file of the Ld. CIT(A) to be adjudicated afresh by considering the legal grounds raised by the assessee and providing due and reasonable opportunity of being heard to the assessee. Appeal of the Assessee is allowed for statistical purpose.

Summary

Issues:
1. Challenge to non-acceptance of source of money/cash received from joint account holders.
2. Challenge to non-consideration of cash balance in hands from explained source.
3. Challenge to the issuance of notice under section 148 for reopening the assessment.

Analysis:

Issue 1:
The appeal raised concerns regarding the Assessing Officer and CIT(A) not accepting the source of money received from joint account holders. The cash was withdrawn from bank and capital accounts and given to the appellant without sufficient reasons or contrary evidence. The Assessing Officer made an addition of Rs. 16,00,000 in the hands of the assessee on a protective basis. The Ld. CIT(A) sustained the addition of Rs. 3,30,000 in the hands of the assessee, stating that the assessee proved the cash deposit of Rs. 12,70,000 from genuine sources. The Tribunal acknowledged the legal grounds raised by the assessee challenging the notice under section 148, which were not adjudicated by the Ld. CIT(A. The Tribunal set aside the case back to the Ld. CIT(A) for fresh adjudication, emphasizing the need for a reasonable opportunity for the assessee to be heard.

Issue 2:
The second ground of appeal focused on the failure of the Assessing Officer and CIT(A) to consider the cash balance in the appellant's hands from explained sources. The appellant argued that the cash balance was supported by the Cash Flow Statement filed before the Assessing Officer. The Tribunal did not delve into this issue specifically in its judgment, as it primarily addressed the challenge related to the reopening of the assessment under section 148.

Issue 3:
The third issue pertained to the challenge against the issuance of notice under section 148 for reopening the assessment. The Tribunal noted that the ground challenging the notice was not adjudicated by the Ld. CIT(A). While the Ld. DR contended that these were new grounds and should not be considered, the counsel for the assessee argued that legal grounds challenging the initiation for reopening the assessment could be raised at any time. The Tribunal, considering the legal validity of the notice under section 148, set aside the case for fresh adjudication by the Ld. CIT(A) to ensure a fair opportunity for the assessee to present their case effectively.

In conclusion, the Tribunal allowed the appeal of the Assessee for statistical purposes, emphasizing the importance of addressing legal grounds raised by the parties and providing a reasonable opportunity for the assessee to present their case effectively.