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| The Tax Publishers2020 TaxPub(DT) 1551 (Del-Trib) INCOME TAX ACT, 1961
Section 153A
Matter might be remanded to AO for verifying the filing of the original returns of income after duly verifying of the same from the records and AO shall give reasonable, sufficient opportunity of being heard to assessee.
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Search and seizure - Assessment under section 153A - Addition on account of unexplained cash deposit -
A search was conducted in the assessment year 2008-2009, AO made addition on account of cash deposit. In assessment year 2009-2010, AO made similar addition of a sum on account of cash deposit. AO passed the assessment order under section 153A read with section 143(3). Assessee challenged the addition before CIT(A), but, the appeal of assessee was dismissed. Held: Matter might be remanded to AO for verifying the filing of the original returns of income. Considering the submissions of both the parties in the light of material on record, matter was remanded back with a direction to pass assessment orders afresh in the light of original returns of income filed by the assessee, after duly verifying of the same from the records and AO shall give reasonable, sufficient opportunity of being heard to assessee.
Followed:CIT v. Kabul Chawla 380 ITR 573 (Del.), Pr. CIT v. Meeta Gut Gutia 395 ITR 526 (Del.)
REFERRED :
FAVOUR : In matter remanded
A.Y. : 2008-2009 & 2009-2010
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