2012 (10) TMI 677

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....xplained cash credits. The learned Assessing Officer received information through AIR that the assessee has deposited cash of Rs.11 lacs in his bank account during financial year 2006-07. After which a notice u/s 143(2) was issued on assessee but the assessee did not receive any notice in respect of that and Assessing Officer without going into the depths and the facts of the case and without providing the opportunity added the said sum to the income of the assessee. An appeal was filed before CIT(A)-XI, New Delhi. But the same was also dismissed by CIT(A)-XI, New Delhi which is totally unfair and unjustified. The above said additions may please be ordered to be deleted. The assessee reserves the right to modify, alter, amend or/an....

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....O obtained a copy of bank statement of the assessee u/s 133(6) of the Act from the Bank of Baroda, Shalimar Bagh Branch, Delhi. Thereafter, though the AO issued three notices to the assessee u/s 143(2) of the Act on 06.11.2009 at assessee's addresses viz.. 353, Basti Gujra, Jullunder City, Punjab; WZ-8A, Kirti Nagar, New Delhi and village Pondoori Rajputhan, PS Bholath, District Kapurthala, Punjab, requiring his presence on 16.11.2009. However, notice sent to Jullunder & Kirti Nagar, Delhi, were returned unserved by the postal authorities. In these circumstances, when the assessee did not explain the source of cash deposited in his bank account with the Bank of Baroda, the AO proceeded to complete the assessment ex parte u/s 144 of the Act ....

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....al are rejected." 4. The assessee is now in appeal before us against the aforesaid findings of the ld. CIT(A). At the outset, the ld. AR on behalf of the assessee prayed that the assessee should be allowed another opportunity to explain the source of cash deposited in his savings bank account with the Bank of Baroda. Similar request has been made in written submissions filed before us. To a query by Bench as to why the assessee did not respond to various notices issued by the AO even after he personally appeared before him on 5th September, 2008 and nor even responded to the subsequent notices issued u/s 143(2) of the Act as also why after seeking adjournment on 18.8.2011 in pursuance to notice issued by the ld. CIT(A) , the assessee did....