2022 (9) TMI 463 - AT - Income Tax

Deposit of cash in credit card account and salary earned by the assessee and the interest earned from bank - HELD THAT - The source of the deposit in cash was from salary. Neither the assessing authority nor the appellate authority had made any verification related to deposit of cash and related to earning of salary. None of the revenue authorities made any verification to employer, or bank or credit card authority related to those transactions of assessee. The entire addition was made on the basis of the AIR DATA. For ascertaining the total income mere verification is required by the revenue authorities. Further the assessment was made u/s. 144. Even the CIT(A) did not take any cognizance to complete the proceeding to allow the opportunity to AO to complete the verification. The entire addition was on basis of assumption presumption. Accordingly, the order of the CIT(A) is setting aside. The matter is remanded back to Ld. CIT(A) for further adjudication.The evidence/explanations submitted by assessee in its defense shall be admitted by CIT(A), and adjudicated by CIT(A) on merits in accordance with law. Appeal of assessee allowed for statistical purposes.

Summary

Issues:
1. Reopening of assessment based on cash payment against credit card bill.
2. Addition made by the assessing officer related to salary, interest income, and cash deposit in credit card account.
3. Upholding of the assessing officer's order by the Commissioner of Income Tax (Appeals).
4. Appeal filed by the assessee against the order of the Commissioner of Income Tax (Appeals).
5. Verification and lack thereof by the revenue authorities regarding the source of cash deposit and salary earnings.
6. Setting aside of the Commissioner of Income Tax (Appeals) order and remanding the matter for further adjudication.

Analysis:
1. The appeal was filed against the order of the Commissioner of Income Tax (Appeals) concerning the reopening of the assessment based on cash payment against a credit card bill. The assessing officer had made additions related to salary, interest income, and cash deposits in the credit card account for the assessment year 2009-10.

2. The assessee, an employee of a company, received salary income and made credit card payments from the same account. However, the assessing officer added the cash deposit amount to the total income without verifying the source of the deposit or the salary earnings. The Commissioner of Income Tax (Appeals) upheld the assessing officer's order, leading to the appeal before the tribunal.

3. During the appellate proceedings, the assessee submitted written explanations, emphasizing that the credit card payments were made from the salary income. However, the authorities noted the lack of filing the income tax return, Form 16, or providing bank statements to substantiate the claim. Consequently, the additions made by the assessing officer were confirmed.

4. The tribunal observed that neither the assessing authority nor the appellate authority verified the source of cash deposit or the salary earnings. The additions were solely based on AIR data without proper verification. The tribunal set aside the Commissioner of Income Tax (Appeals) order, remanding the matter for further adjudication, emphasizing the need for proper verification and providing the assessee with an opportunity to be heard.

5. The tribunal allowed the appeal for statistical purposes, highlighting the importance of due process and proper verification in income tax assessments. The decision emphasized the necessity of substantiating claims with evidence and ensuring a fair opportunity for the assessee to present their case.