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2020 (3) TMI 386 - AT - Income TaxAssessment u/s 153A - Addition on account of cash deposit - as submitted that since no incriminating material was found during the course of search and addition is made on the basis of record produced by the assessee, therefore, the issue is covered by Judgment of the Hon ble Delhi High Court in the case of CIT vs., Kabul Chawl 2015 (9) TMI 80 - DELHI HIGH COURT - HELD THAT - We set aside the Orders of the authorities below and restore the matter in issue to the file of A.O. with a direction to pass assessment orders afresh in the light of original returns of income filed by the assessee, after duly verifying of the same from the records. The A.O. shall give reasonable, sufficient opportunity of being heard to the assessee. Appeals of the Assessee are allowed for statistical purposes.
Issues:
1. Addition on account of cash deposit for A.Y. 2008-2009 and 2009-2010. 2. Challenge of additions before the Ld. CIT(A). 3. Consideration of original returns by the authorities. 4. Remand of the matter to the A.O. for verification. Analysis: 1. Addition on account of cash deposit: The A.O. made additions of &8377; 4,50,000/- for A.Y. 2008-2009 and &8377; 1 lakh for A.Y. 2009-2010 on account of cash deposits following a search conducted on 09.05.2012. The assessment orders were passed under section 153A read with section 143(3) of the I.T. Act, 1961. The Ld. CIT(A) dismissed the assessee's appeal challenging these additions. 2. Challenge of additions before the Ld. CIT(A): The assessee challenged both additions before the Ld. CIT(A) but the appeals were dismissed. The counsel for the assessee argued that since no incriminating material was found during the search and the additions were made based on records produced by the assessee, the issue is covered by relevant judgments. The counsel contended that the original returns were not considered by the authorities below, suggesting a remand to the A.O. for verification and fresh assessment orders. 3. Consideration of original returns by the authorities: The counsel for the assessee submitted that the original returns for A.Y. 2008-2009 and 2009-2010 were filed on specific dates and the acknowledgments attested by the counsel were placed on record. It was argued that since the original returns were not taken into account by the lower authorities, the matter should be remanded to the A.O. for proper verification and assessment based on the original returns. 4. Remand of the matter to the A.O. for verification: Both the counsel for the assessee and the Ld. D.R. suggested remanding the matter to the A.O. for verifying the filing of the original returns of income. The ITAT, after considering the submissions and the material on record, set aside the orders of the lower authorities and directed the A.O. to pass fresh assessment orders based on the original returns filed by the assessee. The A.O. was instructed to provide the assessee with a reasonable opportunity to be heard. The appeals of the assessee were allowed for statistical purposes, resulting in both appeals being allowed in favor of the assessee. This detailed analysis of the judgment highlights the issues involved, the arguments presented by both parties, and the final decision of the ITAT in remanding the matter for fresh assessment based on the original returns filed by the assessee.
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