Facts of the
Case
The present matter pertains to Assessment Year
2012–13, wherein the Assessing Officer (AO) initiated reassessment
proceedings under Sections 147 and 148 of the Income Tax Act, 1961 based
on information regarding substantial time deposits made by the assessee in
Canara Bank.
The AO recorded that deposits amounted to ₹19.72
crores. Due to non-response from the assessee to notices issued under Section
142(1), the AO proceeded with a best judgment assessment under Section
144, making an addition of ₹16.86 crores under Section 69B on
account of unexplained investments.
On appeal, the Commissioner of Income Tax (Appeals)
[CIT(A)] conducted an independent inquiry under Section 250(4) and found
that:
- Actual deposits were only ₹9.50 crores
- The higher figure was due to erroneous reporting by the bank
- The deposits were sourced from overseas remittances from the
assessee’s earnings in the USA
Accordingly, the CIT(A) deleted the entire
addition.
The Income Tax Appellate Tribunal (ITAT) upheld the CIT(A)’s order. Aggrieved, the Revenue filed an appeal before the Delhi High Court.
Issues
Involved
- Whether the CIT(A) was justified in admitting and relying upon
additional evidence without strictly complying with Rule 46A(3) of
the Income Tax Rules, 1962.
- Whether the CIT(A) exceeded jurisdiction while exercising powers
under Section 250(4).
- Whether deletion of addition under Section 69B based on such evidence was legally sustainable.
Petitioner’s
Arguments (Revenue)
- The CIT(A) erred in admitting additional evidence without providing
the AO an opportunity to examine the same, thereby violating Rule
46A(3).
- The deletion of additions was based on fresh evidence not produced
during assessment proceedings.
- The CIT(A) acted beyond procedural limits, rendering the order unsustainable.
Respondent’s
Arguments (Assessee)
- The assessee did not receive notices as they were sent to an old
address.
- He became aware of proceedings only upon receiving a show-cause
notice via email.
- Due to advanced age (71 years) and COVID-19 restrictions, he could
not participate in proceedings earlier.
- The deposits were fully explained as originating from overseas
earnings and remittances through NRE account.
- Supporting bank statements and documents were duly furnished before the CIT(A).
Court
Findings / Order
- The CIT(A) possesses co-terminus powers with the Assessing
Officer under the Act.
- Under Section 250(4), the CIT(A) is empowered to conduct
independent inquiries and call for additional evidence.
- The CIT(A) rightly exercised powers to correct a grave factual
error committed by the AO regarding deposit figures.
- The source of funds (₹9.50 crores) was duly verified and
established as overseas income.
- No contrary evidence was produced by the Revenue to rebut these
findings.
Important
Clarification
- Rule 46A does not restrict the statutory powers of
CIT(A) under Section 250(4).
- Where the assessee is denied proper opportunity before the AO, the
CIT(A) can independently examine evidence.
- Findings of fact by CIT(A), when affirmed by ITAT, are generally not interfered with unless perverse.
Sections
Involved
- Section 147 – Income Escaping Assessment
- Section 148 – Issue of Notice for Reassessment
- Section 142(1) – Inquiry before Assessment
- Section 144 – Best Judgment Assessment
- Section 69B – Unexplained Investments
- Section 250(4) – Powers of CIT(A) to make further inquiry
- Rule 46A – Admission of Additional Evidenc
Link to download the
order -https://delhihighcourt.nic.in/app/showFileJudgment/RAS06122023ITA7012023_114814.pdf
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