9911796707
TMI Blog2024 (5) TMI 600X X X X Extracts X X X X X X X X Extracts X X X X ..... m CBIC with that as disclosed by the assessee. AO also had no knowledge as to which import or purchase made by the assessee was not disclosed by the assessee as the AO also had no such information. We accept the contention that apart from stating that it had not imported goods of the value as disclosed, it was impossible for the assessee to dispute the alleged additional purchases. The assessee could not be faulted for not reconciling the data as the information available with the AO is wholly insufficient for carrying out any reconciliation exercise. If any addition was proposed to be made on the basis that the purchases as reflected in the assessee s books is not correct and it has made certain imports that had not been recorded in the bo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion 143(3) read with Section 144B of the Income Tax Act, 1961 (hereafter the Act) in respect of the Assessment Year 2022-23 relevant to the Previous Year 2021-22. Although the assessee has an efficacious remedy of an appeal, the assessee seeks to pursue the present petition confining the challenge to the impugned order on the ground that the impugned order was passed in violation of the principles of natural justice. 2. The Assessing Officer has added a sum of ₹70,10,37,475/- (Rupees Seventy Crores Ten Lacs Thirty-seven Thousand Four Hundred Seventy-five Only) to the total income as declared by the assessee, as unexplained expenditure under Section 69C of the Act. In addition, the Assessing Officer has also initiated penalty proceed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the details of the imports made by it which were allegedly concealed. The assessee claims that the said details were not provided and therefore it had no opportunity to effectively respond to the said allegation. The assessee's grievance is that the Assessing Officer had proceeded to frame the assessment, without affording the assessee the opportunity to effectively contest the ground on which the addition was made. 5. A plain reading of the impugned order indicates that the Assessing Officer has proceeded to make an addition without referring to the details of the imports allegedly concealed by the assessee. 6. The relevant extract of the impugned order reads as under: "3) CBIC import data : Assessee has submitted that it has not ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wise and date wise data of all the bills has not been provided by the CBIC. Assessee has been reiterating about providing the same data despite being told that the same has not been provided by the CBIC. Assessee is trying to bring on record that it was not presented with sufficient opportunities and the efforts are appreciated. However, it has been made very clear that the data available has been shared with assessee as it is. Assessee was also told about the authenticity of the data as same has been provided by an agency which keeps record of all imported goods in India. Further, assessee was told that in order to refute the data, it should get the certificate from customs department/CBIC saying that the data provided has been wrong. Howe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... so had no knowledge as to which import or purchase made by the assessee was not disclosed by the assessee as the Assessing Officer also had no such information. We accept the contention that apart from stating that it had not imported goods of the value as disclosed, it was impossible for the assessee to dispute the alleged additional purchases. The assessee could not be faulted for not reconciling the data as the information available with the Assessing Officer is wholly insufficient for carrying out any reconciliation exercise. It is obvious that the reconciliation exercise can only be carried out if the details of invoices or Bills of Entry were available. Without such information, it would be impossible to identify the alleged purchases ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ails of any such expenditure. 11. The decision to fault the assessee in not discharging its onus is plainly erroneous. The assessee having stated that he had not made any purchases other than what are disclosed should obviously cannot carry out any other exercise to refute the allegation of undisclosed purchases without being provided the details of the same. 12. In view of the above, the impugned order is set aside. The matter is remanded to the Assessing Officer for decision afresh in accordance with law. If the Assessing Officer intends to make any addition on account of unexplained expenditure, it can do so only after apprising himself as to the details of such expenditure and providing the assessee necessary opportunity to explain th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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