2018 (3) TMI 1180

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.... Act. ITA No. 781/Ind/2016 & 782/Ind/2016 are directed against the order of the Commissioner of Income Tax (Appeals)-I, Indore, dated 29.3.2016 which are arising out of the order u/s 144/147 of the Act framed by the ITO, Ward 2(5), Indore, on 26.3.2014. ITA No. 783/Ind/2016 and ITA No. 1020/Ind/2016 are directed against the order of the Commissioner of Income Tax (Appeals)-I, Indore, dated 31.3.2016 which arise out of the order u/s 271)1)(c) of the Act framed on 11.9.2014 by the ITO 2(5), Indore. 2. During the course of hearing, none appeared on behalf of the assessee. As informed by the registry the assessee has been communicated for date of hearing by registered AD as well as notice has been served through learned DR but the assessee h....

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....ceived by assessee as to whether it was through account payee cheque or cash. A show cause notice was sent to the assessee calling for details of bank passbook, ownership of other agricultural land, copy of Rin Pustika, statement of affairs and other source of income but the assessee did not reply to the show cause notice and the learned Assessing Officer had no option except to go ahead with passing an ex-parte assessment, making addition of Rs. 1,72,00,000/- u/s 68 of the Act. In the case of the assessee's mother, the learned Assessing Officer made an addition of Rs. 40 lacs u/s 68 of the Act. Aggrieved, both the assessees preferred appeals before the Commissioner of Income Tax (Appeals) and succeeded. Subsequent to the passing of the ass....

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.... amounting to Rs. 40,00,000/- made by the A.O. on account of illegal cash credit even though the assessee did not explain proper source of the same, nor was any documentary evidence filed regarding availability of cash with the assessee. Thus, the amount remained undisclosed income in the hands of the assessee u/s 68 of the IT Act. (ii) Whether in the facts and in the circumstances of the case, the ld. CIT(A) erred in allowing the appeal of the assessee by passing his order even before the submission of the remand report. ITA No. 783/Ind/2016 Smt.Rukmabai Bunglewala (i) Whether in the facts and in the circumstances of the case, the ld. CIT(A) erred in law in deleting the penalty of Rs. 12,50,000/- imposed by the A.O.....

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.... Officer for examining the related documents and decide the issue afresh and direction may also be given to the assessee to remain compliant on the date of hearing. 8. We have heard the learned DR and perused the record placed before us. In these four appeals two relate to quantum addition and the remaining two relates to penalty imposed on the additions made by the Assessing Officer. The Commissioner of Income Tax (Appeals) has given relief to the assessee deleting the substantial portion of quantum addition as well as penalty u/s 271(1)(c) of the Act. 9. We find that the assessee did not cooperate during the course of assessment proceedings as well as the penalty proceedings and further the Commissioner of Income Tax (Appeals) overl....