Sahebganj No. 1 Anchalik Samabay Krishi Unnayan Samity Ltd. v ITO (2024)109 ITR 445 (Kol)(Trib)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Order was not available on portal Delay is condoned-Cash deposited in bank accounts-Assessing Officer is directed to verify source of cash available with for deposits, if Assessing Officer is satisfied with explanation no additions were to be made-Directed to decide in accordance with law.[S. 143(3), 254(1)]

The Tribunal condoned the delay in filing of appeal. The Tribunal  held that  the questionnaire issued under section 142 had not been placed. It was not discernible whether the Assessing Officer had verified the aspect regarding the source of cash available with the assessee for making deposits in two bank accounts, as narrated by the Principal Commissioner. Though the assessee had provided detailed records in tabulated form, including bank passbooks of the two banks, the cash available with the assessee and host of details running into more than 50 pages, neither had the Assessing Officer had examined this aspect during the assessment proceedings nor the Principal Commissioner. Thus, the Assessing Officer was directed to verify the source of cash available with the assessee for deposits in the two bank accounts. If the Assessing Officer was satisfied with the explanation of the assessee, no additions were to be made. However, if unsatisfied, the alleged cash deposits were to be treated in accordance with the law.(AY. 2017-18)

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