2023 (4) TMI 108 - AT - Income Tax

Additional ground of appeal raised by assessee for the first time before Tribunal - addition on account of cash deposit in bank account and other credit entry - HELD THAT - Admittedly, the addition was not raised by assessee before NFAC/Ld. CIT(A). Though, the assessing officer completed assessment u/s 144, yet before passing the assessment no specific show cause notice was issued for making addition. Thus, additional ground of appeal raised by assessee for the first time before Tribunal. Therefore, this additional ground of appeal is admitted for adjudication and restored back to the file of Assessing Officer to consider it afresh, in accordance with law after providing reasonable opportunity of hearing to assessee. The assessee is directed to produce evidence before Assessing Officer as and when called for. This additional ground of appeal is allowed for statistical purposes in above terms. Assessee has not filed any confirmation from his fellow agriculturists in respect of borrowing - NFAC/Ld. CIT(A) neither verified / investigated nor called for remand report from the Assessing Officer. The assessee furnished complete details of agricultural land of such borrowers, though the NFAC/Ld. CIT(A) upheld the addition partly for the want of confirmation. Assessee has primarily discharged his onus by furnishing names and address of such borrowers to prove of identity and creditworthy of lender in the form of agricultural holding. Therefore, this ground of assessee is also restored back to the file of AO for considering the evidence furnished by assessee and to pass a speaking order in accordance with law. Appeal of the assessee is allowed for statistical purposes.

Summary

Issues involved:
- Addition made to the total income of the assessee which is primarily agricultural in nature and exempted from tax
- Making addition of Rs.7,60,000/- without submission of confirmations of borrowings
- Justification of legal position in making additions by the Assessing Officer under section 144 of the Income Tax Act
- Disallowance of credit entries for various amounts including agricultural loan, MICR returned, and bank saving interest

Issue 1: Addition to Total Income
The appeal was against the addition made to the total income of the assessee, which was primarily agricultural and exempt from tax. The Assessing Officer treated cash deposits and credit entries as unexplained income due to lack of response from the assessee, resulting in the addition of Rs. 15,90,670/- and Rs. 4,15,321/-. The assessee, being an agriculturist, explained the sources of income related to agricultural activities and borrowings for personal reasons. The NFAC/Ld. CIT(A) directed the Assessing Officer to verify and restrict the addition to Rs. 5,90,760/- based on the evidence provided.

Issue 2: Lack of Confirmations of Borrowings
The assessee faced an addition of Rs. 7,60,000/- due to the absence of confirmations from fellow agriculturists regarding the borrowings. Despite submitting substantial evidence during the appeal proceedings, the NFAC/Ld. CIT(A) upheld the addition to Rs. 5,90,670/- as confirmations were not provided. The Tribunal directed the Assessing Officer to reevaluate the evidence and pass a reasoned order after considering all relevant documents.

Issue 3: Justification of Additions by Assessing Officer
The Assessing Officer made additions under section 144 of the Income Tax Act without justifying the legal position adequately. The lack of relief granted to the assessee and the addition of entire amounts, whether cash or credit, raised concerns regarding the procedural correctness of the assessment. The Tribunal directed the Assessing Officer to reconsider the additions and provide a detailed explanation for the same.

Issue 4: Disallowance of Credit Entries
An additional ground was raised regarding the disallowance of credit entries, including an agricultural loan, MICR returned amount, and bank saving interest. The assessee sought to admit this ground due to inadvertence in not raising it earlier. The Tribunal admitted this ground for adjudication and directed the Assessing Officer to reconsider the matter after providing a reasonable opportunity for the assessee to present relevant evidence.

In conclusion, the Tribunal allowed the appeal for statistical purposes, directing the Assessing Officer to reevaluate the additions and credit entries based on the evidence and submissions provided by the assessee. The delay in filing the appeal was condoned considering the circumstances of the case, and the additional ground of appeal was admitted for further consideration.