Durga Properties vs. ITO, Ward-46(3), Kolkata

Parties Involved

Facts Summary

The assessee, Durga Properties, filed a return of income for the assessment year 2012-13 declaring a total income of Rs.23,510/-. The Assessing Officer discovered that the assessee deposited cash amounting to Rs.87,03,000/- in its bank account during the financial year 2011-12. The case was processed under section 143(1) and subsequently reopened under section 147 of the Income-tax Act, 1961. Due to the assessee's failure to provide any documentary evidence regarding these cash deposits, the Assessing Officer deemed the deposits as undisclosed income and added them to the assessee's income. Aggrieved by this order, the assessee appealed to the CIT(A), which dismissed the appeal ex parte due to non-compliance by the assessee.…

Legal Issues

• 1. Whether the appeal should be restored to the file of the CIT(A) for fresh consideration after affording the assessee an opportunity of hearing.

Judgment Outcome

Decided in favour of Assessee.

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