2013 (10) TMI 509 - AT - Income Tax

Reassessment u/s 147 - whether the statutory requirement of section 151(2) regarding satisfaction by the Jt. CIT is absent - Unexplained cash credit - Held that - On the facts and circumstances of the case, in our considered opinion, interest of justice will be served if the matter is remitted to the file of the Ld. CIT(A). Ld. CIT(A) is directed to consider the issue afresh, after giving the assessee adequate opportunity of being heard - Decided in favour of assessee.

Summary

Issues:
1. Addition of Rs. 2,04,000 under unexplained cash credit u/s. 68
2. Ex-parte order by Ld. CIT(A) without providing sufficient opportunity
3. Validity of invoking section 147 without proper reason to believe
4. Absence of satisfaction by Jt. CIT under section 151(2)
5. Making addition u/s. 68 without proper grounds and opportunity

Analysis:

Issue 1: Addition of Rs. 2,04,000 under unexplained cash credit u/s. 68
The assessment was framed under section 147 of the Income Tax Act, where the AO added Rs. 2.04 lacs as unexplained cash credit, including a bogus accommodation entry and commission. The Ld. CIT(A) upheld this addition. The Assessee appealed against this order.

Issue 2: Ex-parte order by Ld. CIT(A) without providing sufficient opportunity
The Assessee contended that the Ld. CIT(A) passed an ex-parte order without giving adequate opportunity for a hearing. The Assessee's counsel was engaged in other urgent matters, leading to a lack of cooperation. The matter was requested to be remitted to the Ld. CIT(A) for reconsideration with proper hearing opportunities.

Issue 3: Validity of invoking section 147 without proper reason to believe
The Assessee challenged the invocation of section 147 by the AO, arguing that it was done without a valid reason to believe that income had escaped assessment. The appeal raised concerns about the jurisdiction and legality of the assessment based on such defective notice.

Issue 4: Absence of satisfaction by Jt. CIT under section 151(2)
It was pointed out that the statutory requirement of section 151(2) regarding satisfaction by the Joint CIT was not met, as the approval of CIT-II, Delhi was taken instead. The assessment order was questioned for lacking proper authorization, leading to a request for quashing the assessment.

Issue 5: Making addition u/s. 68 without proper grounds and opportunity
The Assessee argued that the addition made under section 68 for unexplained cash credits was based on untenable and illegal grounds. Both the AO and the CIT(A) were criticized for sustaining the addition without providing sufficient opportunity for the Assessee to present their case effectively.

In conclusion, the ITAT Delhi allowed the appeal for statistical purposes, directing the Ld. CIT(A) to reconsider the matter after providing the Assessee with adequate opportunity to be heard. The judgment highlighted procedural lapses and emphasized the importance of fair hearings and proper jurisdictional compliance in income tax assessments.