2012 (2) TMI 191 - AT - Income Tax

Principle of natural justice - Un-explained deposits in bank - Held That - Notices issued only on December 2006 and the assessee was given time upto 28.12.2006 vide notice dt 22.12.2006 to file the details. The assessee made a request on 28.12.2006 that he is sick and could not gather the necessary details. The Assessing Officer turndown the request of the assessee and passed the assessment order on the next day i.e. 29.12.2006. Such an order is against Principle of natural justice and thus do not sustain.

Issues involved:
1. Validity of assessment order passed by Assessing Officer.
2. Compliance with principles of natural justice in passing assessment order and dismissing appeal.
3. Validity of notice issued under section 147 of the Act.
4. Validity of various notices issued by Assessing Officer.
5. Addition of unexplained deposits in the bank.
6. Compliance with principles of natural justice in making the addition.
7. Levy of interest under sections 234A and 234B of the Act.

Issue 1: Validity of assessment order passed by Assessing Officer:
The appeal challenged the order of the Commissioner of Income-Tax (Appeals) for the Assessment Year 2005-06, arguing that the order passed by the Assessing Officer under section 144 read with section 254 of the Act was incorrect and unlawful. The appellant contended that the assessment order was flawed and lacked legal basis.

Issue 2: Compliance with principles of natural justice in passing assessment order and dismissing appeal:
The appellant raised concerns regarding the lack of compliance with the principles of natural justice in passing the assessment order and dismissing the appeal. It was argued that proper opportunities for a fair hearing were not provided, leading to a violation of natural justice.

Issue 3: Validity of notice issued under section 147 of the Act:
The appellant contested the validity of the notice issued under section 147 of the Act, claiming it to be invalid and illegal. The legality of the notice was questioned, highlighting a procedural irregularity in the initiation of reassessment proceedings.

Issue 4: Validity of various notices issued by Assessing Officer:
The appellant alleged that several notices issued by the Assessing Officer were invalid and illegal. This issue raised concerns about the procedural compliance and legality of the notices served during the assessment process.

Issue 5: Addition of unexplained deposits in the bank:
The primary issue revolved around the addition of Rs. 37,00,405 on account of unexplained deposits in the bank. The Commissioner of Income-Tax (Appeals) confirmed this addition, leading to a dispute regarding the justification and explanation of these deposits.

Issue 6: Compliance with principles of natural justice in making the addition:
The appellant argued that the Assessing Officer made the addition without adhering to the principles of natural justice. It was contended that the appellant was not given a proper opportunity to explain the source of the deposits, raising concerns about procedural fairness.

Issue 7: Levy of interest under sections 234A and 234B of the Act:
The Commissioner of Income-Tax (Appeals) confirmed the levy of interest under sections 234A and 234B of the Act, which was contested by the appellant. The dispute centered on the justification and legality of imposing interest under these sections.

In the judgment, the Tribunal acknowledged the history of the case, including previous rounds of litigation and remand orders. It noted the appellant's arguments regarding the lack of proper opportunities to explain the bank deposits and withdrawals. The Tribunal granted one more opportunity to the appellant to appear before the Assessing Officer and provide explanations, emphasizing the importance of procedural fairness. It clarified that unnecessary adjournments would result in the withdrawal of the opportunity. Ultimately, the appeal was allowed for statistical purposes, indicating a partial success for the appellant in challenging the additions and procedural aspects of the assessment.

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