Darshan Enterprise v. ACIT (2022) 441 ITR 473 / 209 DTR 417 / 324 CTR 469 / 286 Taxman 75 (Guj.)(HC)

S. 144B : Faceless Assessment-Procedure prescribed not followed-Cash credits-Firm-Partner-Source of the investors of capital and amount received need not be established-Matter remanded. [S.68,69, 143 (3), 144B(9), Art. 226]

The assessee is  a firm with ten partners and engaged in the business of real estate development. The partners confirmed bringing in capital the Assessing Officer brought the sums to tax under section 68 of the Income-tax Act, 1961 on the ground that the assessee was not able to prove the creditworthiness of the partners of the firm who introduced the capital in the firm and also the identity, genuineness and creditworthiness of the other parties from whom funds were received by the partners for being introduced in the firm as capital. The Assessing Officer made addition as cash credits. On writ the Court held that the assessment order was nothing but an exact reproduction of the draft assessment order. All that had been done by the Assessing Officer was to express doubts as regards the genuineness of the entries. The relevant aspects as pointed out by the assessee had not been considered from a proper perspective and there had not been any discussion about those in the assessment order. The order passed under section 143(3) read with section 144B was set aside and the matter was remitted to the Assessing Officer.