Abdulsami Abdulhamid Zariwala Vs ITO

Parties Involved

Facts Summary

Abdulsami Abdulhamid Zariwala, the assessee, filed an appeal against the order of the National Faceless Appeal Centre, Delhi, and the Commissioner of Income Tax (Appeals) for the Assessment Year 2011-12. The assessee contested the addition of Rs. 1,29,76,000/- made by the Assessing Officer on the basis of deposits of cash, cheques, and RTGS in HDFC Bank. The assessee argued that the addition was made without separating the income component and that the addition should be restricted to income only. The assessee also contended that the addition was not proposed in the show cause notice given before the conclusion of the assessment proceedings. The Department argued that the Assessing Officer had issued proper show cause notices and that the assessee had not responded. The Tribunal considered the submissions of both parties and the orders of the lower authorities. The Tribunal found that the Assessing Officer had issued proper show cause notices, but there was a typing error in the assessment order. The Tribunal decided to restore the matter to the file of the Assessing Officer for a fresh decision, giving the assessee a fair and reasonable opportunity to explain and substantiate the source of the cash and other credit entries.…

Legal Issues

• 1. The addition of Rs. 1,29,76,000/- made by the Assessing Officer on the basis of deposits of cash, cheques, and RTGS in HDFC Bank.
• 2. The addition was not proposed in the show cause notice given before the conclusion of the assessment proceedings.

Judgment Outcome

Decided in favour of Assessee.

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