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2024 (7) TMI 37 - AT - Income TaxUnexplained money u/s 69A - As per assessee cash deposits were from earlier cash withdrawals - HELD THAT - As observed that the assessee is no more and the appeal is being represented by the late assessee s wife, who has no knowledge of the activities of the late assessee. We considered the option of remitting the issue back to the file of AO or Ld. CIT(A). However, the assessee has already filed the relevant bank statements before the Ld. CIT(A) and none of the activities of late assessee are known to the assessee s wife, therefore, it will not serve any purpose to remit this issue back to the file of lower authorities It is not clear from the record that why assessee has kept such huge cash after withdrawal from the bank. When there is a huge cash withdrawal and subsequently assessee makes certain deposits there is a possibility that excess cash may have been re-deposited by the assessee. As relying on Baldev Raj Charla 2008 (12) TMI 241 - ITAT DELHI-C we are inclined to give the benefit of doubt to the assessee and time gap may be ignored. Accordingly, ground raised by the assessee are allowed.
Issues Involved:
1. Assumption of jurisdiction under sections 147 and 144/147 of the Income Tax Act, 1961. 2. Addition of Rs. 13,00,000/- as unexplained money under section 69A. 3. Addition of Rs. 18,40,464/- as unexplained money under section 69A. 4. Treatment of the return filed by the assessee as 'non-est'. 5. Charging of interest under sections 234A, 234B, and 234C of the Income Tax Act, 1961. 6. Procedural errors and principles of natural justice. Detailed Analysis: 1. Assumption of Jurisdiction under Sections 147 and 144/147: The Assessee challenged the jurisdiction of the Assessing Officer (AO) in initiating proceedings under section 147 and passing the order under sections 144/147 without complying with the mandatory conditions. The Tribunal noted that the AO reopened the case based on information about cash deposits and other credits in the assessee's bank account. Despite the assessee's claim of not receiving notices, the Tribunal found that the AO had duly served the notices. Therefore, the Tribunal upheld the assumption of jurisdiction by the AO. 2. Addition of Rs. 13,00,000/- as Unexplained Money under Section 69A: The AO made an addition of Rs. 13,00,000/- as unexplained money under section 69A, which was confirmed by the Commissioner of Income Tax (Appeals) [CIT(A)]. The assessee argued that the cash deposits were from earlier cash withdrawals. The Tribunal considered the bank statements and noted that the cash deposits were made from withdrawals within a reasonable time frame. Citing the case of ACIT vs. Baldev Raj Charla, the Tribunal allowed the benefit of doubt to the assessee and ignored the time gap, thus deleting the addition. 3. Addition of Rs. 18,40,464/- as Unexplained Money under Section 69A: The AO also added Rs. 18,40,464/- as unexplained money under section 69A. The assessee contended that this amount was interest income and had been declared in the income tax return. The Tribunal found that the assessee had indeed filed the return and paid applicable taxes on the interest income. Therefore, the addition was not justified, and the Tribunal deleted this addition as well. 4. Treatment of the Return Filed by the Assessee as 'Non-Est': The CIT(A) treated the return filed by the assessee as 'non-est' due to procedural lapses. The Tribunal observed that the assessee had filed the return and paid taxes. Given the circumstances and the fact that the assessee's wife, who had no knowledge of the financial dealings, was representing the case, the Tribunal decided not to remand the issue back to the lower authorities and accepted the return as valid. 5. Charging of Interest under Sections 234A, 234B, and 234C: The assessee contested the charging of interest under sections 234A, 234B, and 234C. The Tribunal did not find substantial grounds to interfere with the AO's decision to charge interest as per the provisions of the Income Tax Act. Therefore, this aspect of the appeal was not allowed. 6. Procedural Errors and Principles of Natural Justice: The assessee raised concerns about procedural errors and violations of natural justice, including not receiving notices and the CIT(A)'s cut-and-paste errors in the order. The Tribunal acknowledged these issues but focused on the substantive aspects of the case. It found that the AO had followed due procedure in serving notices and that the CIT(A) had considered the submissions made. Therefore, the Tribunal did not find sufficient grounds to overturn the assessment on procedural grounds. Conclusion: The Tribunal partly allowed the appeals for both Assessment Years 2011-12 and 2012-13, deleting the additions made under section 69A for cash deposits and other credits, while upholding the AO's jurisdiction and the charging of interest under the relevant sections. The Tribunal emphasized the importance of considering the factual circumstances and the available evidence in reaching its decision.
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