2021 (8) TMI 1044 - AT - Income Tax

Assessment u/s. 143(3) - Addition towards long term capital gain, short term capital gain, agricultural income and addition u/s. 69 - admitting of additional evidences - HELD THAT - As demonstrated from the material fact reported in the remand report by the AO that proper verification could not be carried out in the case of the assessee while framing assessment u/s.143(3) of the act since either the case or the AO has been remained in transit due to restructuring process of the department. The decision of CIT(A) for not admitting the additional evidences is not justified therefore we observe that it is appropriate to restore issues to the file of AO for deciding afresh after examination and verification of the additional evidences furnished by the assessee after providing due opportunity to the assessee. Appeal of the assessee is allowed for statistical purposes.

Summary

Issues:
1. Addition of long term capital gain
2. Addition of short term capital gain
3. Addition of agricultural income
4. Addition of unexplained credit in bank

Long Term Capital Gain Issue:
The assessee declared income of ?3,67,230 for A.Y. 2012-13. The Assessing Officer noted long term capital gain of ?1,84,977 from the sale of property, but discrepancies were found in the claimed costs and supporting evidence. Consequently, an addition of ?17,39,870 was made to the total income.

Short Term Capital Gain Issue:
The Assessing Officer also identified a short term capital gain of ?1,41,000 from another property sale, with insufficient supporting evidence provided by the assessee. The gain was recomputed at ?43,16,000, resulting in an addition of ?41,75,000 to the total income.

Agricultural Income Issue:
Agricultural income of ?1,11,000 was claimed by the assessee without furnishing supporting evidence. As a result, the Assessing Officer added this amount to the total income.

Unexplained Credit in Bank Issue:
The Assessing Officer observed unexplained credit of ?8,94,291 in the assessee's bank account, with no explanation provided for the source of these funds. Consequently, this amount was added to the total income.

Judgment Analysis:
The appeal was filed before the CIT(A) challenging the additions made by the Assessing Officer. The CIT(A) upheld the additions, leading to further appeal before the ITAT. During the appellate proceedings, additional evidence was submitted under Rule 46A, and a remand report was called from the Assessing Officer. The CIT(A) rejected the additional evidence without considering the material facts reported by the Assessing Officer in the remand report.

The ITAT observed that proper verification was not conducted due to departmental restructuring, and the case record was received late, affecting the assessment process. Considering these facts, the ITAT concluded that the decision of the CIT(A) to not admit the additional evidence was unjustified. Consequently, the issues were restored to the Assessing Officer for fresh assessment after examining the additional evidence.

In the final judgment, the ITAT allowed the appeal of the assessee for statistical purposes, emphasizing the need for proper examination and verification of the additional evidence provided.