2025 (2) TMI 47 - AT - Income Tax

Non issuance of show cause notice before making huge additions and adequate opportunity was not provided - addition on Deposits in bank account - whether the assessment was conducted without providing adequate opportunity for the appellant to explain the transactions and present evidence? - HELD THAT - AO failed to issue a show cause notice before making huge additions and adequate opportunity was not provided. No reply on the remand report was filed before the CIT(A) as well. Therefore in the interest of justice and fair play it is considered to imperative to set aside the order of the Ld. CIT(A) and restore the appeal to the CIT(A) who shall allow one more opportunity of being heard to the assessee and after considering the reply of the assessee decide the appeal on the additions upheld by him. The assessee shall file evidence in his possession to substantiate the claim that the transactions related to the business and also for the relief claimed and the Ld. CIT(A) shall also provide an opportunity of being heard to the Ld. AO as per Rule 46A of the Income Tax Rules 1962. Appeal filed by the assessee is allowed for statistical purposes.

ISSUES PRESENTED and CONSIDERED

The core legal questions considered in this judgment include:

1. Whether the Assessing Officer (AO) erred in failing to issue a show-cause notice before making significant additions to the appellant's income and whether the assessment was conducted without providing adequate opportunity for the appellant to explain the transactions and present evidence.

2. Whether the transactions related to the appellant's business activities were incorrectly not considered as business transactions and unjustly added to the total income.

3. Whether the deposits in the Andhra Bank accounts were correctly treated as unexplained and added to the appellant's total income.

4. Whether the procedural issues raised by the appellant regarding the assessment process were adequately addressed by the Commissioner of Income Tax (Appeals) [CIT(A)].

ISSUE-WISE DETAILED ANALYSIS

1. Failure to Issue Show-Cause Notice and Adequate Opportunity

The appellant argued that the AO failed to issue a show-cause notice before making substantial additions to the income, thus violating procedural fairness. The appellant contended that the assessment was wrapped up in a short period, leaving insufficient time for appropriate inquiry and opportunity to present evidence.

The legal framework requires that taxpayers be given a fair opportunity to present their case, and procedural fairness is a cornerstone of administrative law. The Tribunal noted that the appellant did not adequately respond to the remand report, which could have addressed these procedural concerns.

The Tribunal found that the CIT(A) dismissed these procedural concerns due to the lack of counterarguments from the appellant. However, the Tribunal considered it necessary to ensure procedural fairness by setting aside the CIT(A)'s order and remanding the case for reconsideration, allowing the appellant another opportunity to be heard.

2. Misclassification of Business Transactions

The appellant claimed that certain transactions related to business activities were not recognized as such by the AO, leading to their wrongful addition to the total income. The AO applied a gross profit rate of 6.16% on these transactions, based on unaccounted deposits in specific bank accounts.

The Tribunal considered the appellant's assertion that the transactions were business-related and that the estimation of income was unwarranted. However, due to the lack of evidence provided by the appellant to substantiate these claims, the Tribunal upheld the need for further examination by the CIT(A) upon remand.

3. Treatment of Deposits in Andhra Bank Accounts

The AO treated deposits in two Andhra Bank accounts as unexplained, adding them to the appellant's income. The appellant failed to provide a satisfactory explanation or evidence regarding the nature of these deposits during both the assessment and appellate stages.

The Tribunal noted that the CIT(A) upheld the AO's decision due to the appellant's failure to provide evidence. However, recognizing the importance of procedural fairness and the appellant's right to present evidence, the Tribunal remanded the issue for reconsideration, allowing the appellant another chance to substantiate the claim that these were business-related transactions.

4. Procedural Issues and Compliance with Remand Report

The appellant raised procedural issues regarding the assessment process, which were dismissed by the CIT(A) due to the appellant's failure to counter the AO's replies. The Tribunal noted that the appellant did not respond to the remand report, which could have addressed these procedural issues.

In light of the appellant's procedural concerns and the lack of representation during the appellate process, the Tribunal found it necessary to remand the case to the CIT(A) for a fresh hearing, ensuring that the appellant is given a fair opportunity to present evidence and arguments.

SIGNIFICANT HOLDINGS

The Tribunal's significant holdings include:

"In the interest of justice and fair play, it is considered imperative to set aside the order of the Ld. CIT(A) and restore the appeal to the Ld. CIT(A) who shall allow one more opportunity of being heard to the assessee and after considering the reply of the assessee, decide the appeal on the additions of Rs. 37,37,774/- and Rs. 44,200/- upheld by him."

The Tribunal emphasized the core principle of procedural fairness, ensuring that the appellant is given a fair opportunity to present evidence and arguments. The Tribunal's final determination was to allow the appeal for statistical purposes and remand the case to the CIT(A) for reconsideration, providing the appellant another opportunity to substantiate claims and address procedural concerns.

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