Held that the Assessing Officer had not examined any details regarding cash deposits during the demonetisation period. He had simply accepted the entire turnover and applied the net profit rate for completion of assessment. The Assessing Officer is an investigating officer thereafter he is an adjudicating officer. He must carry out investigation on the facts of the case and also decide the matter judiciously on the materials available with him and has also those produced before him and he may call for further information. He should be fair not only to the assessee but also to the public exchequer. It is the duty of the Assessing Officer to ascertain the number of facts stated and genuineness of the transactions done when the circumstances of the case are such as to provide enquiry. The Assessing Officer should have enquired in depth to the sales and purchases and also cash deposits made during the demonetisation period. The Assessing Officer had not done assessment in accordance with section 263 of the Income-tax Act, 1961 read with Explanation 2 thereto. Revision was up held. (AY. 2017-18)
Baidoddi Eshappa v. PCIT (2022) 98 ITR 78 (SN) (Bang.)(Trib)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Demonetisation period-Cash deposits-Duty of the Assessing Officer to carry out investigation-Revision is proper. [S. 143(3), 263, Explanation 2]