2022 (12) TMI 289 - AT - Income Tax

Unexplained deposits in saving bank account - additional amount found deposited in his savings bank account with Andhra Bank, Medavakkam - unexplained cash deposit - HELD THAT - We find that in the sworn statement, it was stated by the assessee that the total sale consideration was ₹ 2.58 crores against the sale consideration mentioned in the sale deed of ₹ 1.54 crores. AO has summoned the purchaser Shri D. Parthasarathy and recorded his statement, which reveals that the purchaser has paid only ₹ 1,54,21,000/- only as recorded in the sale deed and not the amount admitted by the assessee of ₹ 2.58 crores - we find that the assessee was not given an opportunity to cross examine the purchaser. Accordingly, we set aside the orders of authorities below and remit the matter back to the file of the AO to reconsider and decide the issue afresh in accordance with law by affording an opportunity to the assessee for cross examination of the purchaser before the Assessing Officer. Appeal filed by the assessee is allowed for statistical purposes.

Summary

Issues:
1. Delayed filing of appeal before the Tribunal.
2. Assessment of income from business and other sources.
3. Revision order under section 263 of the Income Tax Act.
4. Discrepancy in sale consideration of vacant land.
5. Treatment of unexplained cash deposit in savings bank account.

Analysis:
1. The appeal filed by the assessee was delayed by 639 days, citing the COVID-19 pandemic as the reason. The Tribunal, after considering the condonation petition, admitted the appeal for adjudication.

2. The assessment for the year 2011-12 revealed that the income from business was assessed at &8377; 41,53,783, and income from other sources was assessed at &8377; 60,077. The assessee's appeal against this assessment was partly allowed by the ld. CIT(A).

3. A revision order under section 263 was passed by the ld. PCIT, setting aside the initial assessment order due to omissions deemed prejudicial to the revenue's interest. Subsequently, a reassessment was conducted, resulting in the total income of the assessee being assessed at &8377; 1,22,82,577.

4. The dispute arose regarding the sale of vacant land, with the Assessing Officer questioning the excess sale consideration recorded in the sale deed. The assessee's counsel argued that there was no evidence of excess receipt and requested the issue to be reconsidered with the opportunity for cross-examination.

5. The Assessing Officer treated a cash deposit of &8377; 52 lakhs in the assessee's savings bank account as unexplained. However, upon further examination, it was found that the actual sale consideration differed from what was initially recorded. The Tribunal set aside the previous decisions and remitted the matter back to the Assessing Officer for fresh consideration, emphasizing the need for the assessee to cross-examine the purchaser.

In conclusion, the Tribunal allowed the appeal for statistical purposes, highlighting the importance of proper examination and cross-examination in resolving discrepancies and ensuring fair assessments.