The case concerns the reopening of assessment u/s 147 based on ...

Cash deposits queried; assessee denied fair hearing, order set aside for fresh adjudication with opportunity to justify.

Case Laws     Income Tax

November 13, 2024

The case concerns the reopening of assessment u/s 147 based on information from the Non-filers Monitoring System (NMS) about cash deposits in the assessee's bank account. The Assessing Officer made an addition of unexplained money u/s 69A, partially accepting the assessee's explanation for the cash deposits but rejecting others due to lack of documentary evidence. The Tribunal found that the assessee was deprived of a fair chance to present their case due to procedural deficiencies and reliance on email communication inaccessible to the assessee. The order of the Additional Commissioner of Income Tax (Appeals) was set aside, and the matter was remanded back for fresh adjudication after providing adequate opportunity to the assessee to present their case, in accordance with the principles of natural justice.

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