9911796707
TMI Blog2024 (9) TMI 209X X X X Extracts X X X X X X X X Extracts X X X X ..... to examine. Therefore, for the ends of justice and fair play, we are inclined to set aside the impugned order of the CIT(A) and restore the assessment back to the file of the AO for de novo assessment. Appeal filed by the assessee is allowed for statistical purposes. - Shri Aby T. Varkey, Judicial Member And Shri Amitabh Shukla, Accountant Member For the Appellant : Ms. Muthu Abirami, Advocate For the Respondent : Mr. P. Sajit Kumar, JCIT ORDER PER ABY T. VARKEY, JM: This is an appeal preferred by the assessee against the order of the Learned Commissioner of Income Tax (Appeals)/NFAC, (hereinafter in short the Ld.CIT(A) ), Delhi, dated 30.10.2023 for the Assessment Year (hereinafter in short AY ) 2016-17. 2. At the outset, we note that t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re, the AO disbelieved the assessee s submissions and added the entire amount deposited in cash in both accounts u/s. 68 of the Act. 5. Aggrieved, the assessee preferred an appeal before the Ld.CIT(A) and brought to his notice that he collected the amount deposited in the bank account for allotment of house under the Tamil Nadu Housing Board, and that he was duped by some person as if from Tamil Nadu Housing Board; and believing those persons, the assessee collected deposits from his parish members on the promise of allotment of houses of Tamil Nadu Housing Board; and finding that no houses were being allotted, the depositors had filed compliant against him and therefore, he has returned the amount collected from them (supra). However, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ouldn t be explained during the course of assessment proceedings because of failure/non-cooperation from the authorized representative before the AO. The Ld AR s limited plea is that assessee shouldn t be penalized for the omission on the part of earlier authorized representative who conducted the case before AO. And therefore, he prays for one more opportunity be granted before the AO so that he can place all the relevant materials truthfully before the AO, and relies on the decision of the Hon ble Supreme Court in the case of TIN Box Co. v. CIT reported in [2001] 249 ITR 216 (SC). Be that as it may, it is noted that during assessment proceedings the assessee gave explanation to the AO regarding the nature source of cash deposits i.e. he w ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
