2021 (6) TMI 810 - AT - Income Tax

Enhancement of income as provided u/s. 251(2) - Power of CIT(A) - Assessee argued as not providing a reasonable opportunity of show cause against such enhancement - HELD THAT - CIT(A) has not adhered to the provisions of section 251(2) of the Act. The Ld. AO has also passed an ex-parte order due to the non-cooperation of the assessee. We hereby remit back the entire matter back to the file of the Ld. AO for de novo consideration. At the same breath, hereby caution the assessee to promptly cooperate before the Ld. Revenue Authorities failing which they shall be at liberty to pass appropriate order in accordance with law and merit based on the materials on record. Appeal of the assessee is allowed for statistical purposes as indicated.

Summary

Issues:
1. Enhancement of income by CIT(A) without issuing show cause notice
2. Validity of addition of speculative income by AO
3. Compliance with provisions of section 251(2) of the Act
4. Remittance of matter back to AO for de novo consideration

Analysis:

Issue 1: Enhancement of income by CIT(A) without issuing show cause notice
The appellant contested the CIT(A)'s decision to enhance the income without providing a reasonable opportunity for a show cause against such enhancement, as mandated by Section 251(2) of the Act. The appellant argued that the matter should be remitted back to the AO due to the inability to be present during assessment, resulting in an ex parte order. The Tribunal found that the CIT(A) did not adhere to the statutory provisions, and in the interest of justice, remitted the matter back to the AO for fresh consideration. The appellant was cautioned to cooperate with the Revenue Authorities to avoid adverse actions based on the record.

Issue 2: Validity of addition of speculative income by AO
The AO had made an addition of ?4,67,318 as profit derived from the sale of shares/units, treating it as speculative income. On appeal, the CIT(A) enhanced this addition to ?34,95,530. However, due to procedural irregularities and lack of proper opportunity for the appellant to respond, the Tribunal decided to send the matter back to the AO for a fresh assessment, emphasizing the importance of following due process.

Issue 3: Compliance with provisions of section 251(2) of the Act
The Tribunal noted that the AO had passed an ex-parte order due to the non-cooperation of the appellant and that the CIT(A) had not followed the provisions of Section 251(2) of the Act. This lack of adherence to statutory requirements led the Tribunal to remit the case back to the AO for reevaluation to ensure proper compliance and procedural fairness.

Issue 4: Remittance of matter back to AO for de novo consideration
Ultimately, the Tribunal allowed the appeal of the appellant for statistical purposes and directed the entire matter to be reconsidered by the AO. The Tribunal's decision aimed to uphold the principles of natural justice and procedural fairness, highlighting the importance of cooperation and adherence to legal procedures in tax assessments.

In conclusion, the Tribunal's judgment focused on ensuring procedural fairness, adherence to statutory provisions, and the importance of providing a reasonable opportunity for the appellant to present their case. The decision to remit the matter back to the AO underscored the significance of due process and cooperation in tax assessments, emphasizing the need for compliance with legal requirements for a just outcome.