TaxTMI 
TaxTMI 
2018 (12) TMI 913
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....der :- " 1. On the facts and in the circumstances of the case, the learned CIT(A) has legally and factually erred in dismissing appellant's ground of appeal challenging ex parte assessment order u/s 147/144 of the I.T. Act, 1961 without appreciating the fact that the appellant was prevented by reasonable cause from making the required compliance of the statutory notices issued to him from time to time. Thus, the decision of ld. CIT (A) dismissing this ground of appeal is factually and legally incorrect and deserves to be quashed summarily. 2. On the facts and in the circumstances of the case, the learned CIT (A) has legally and factually erred in not admitting the additional evidences furnished by the appellant under Rule 46A of the I.....
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....The ld. A/R of the assessee has submitted that the reopening of the assessment is not valid as the AO has reopened the assessment in both the cases on the basis of information received without application of mind and without examination of the correctness of the facts in respect of the alleged escaped income. In support of his contention he has relied upon various decisions wherein it has been held that the mere deposit of cash in the bank itself cannot be a reason to believe that income assessable to tax has escaped assessment, rather it is only a reason to suspect that the deposits made in the bank account may be an income escaped assessment. Thus the ld. A/R has submitted that the additional ground may be admitted and the reopening of th....
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....om agricultural income of the assessees. The ld. CIT (A) did not accept this explanation of the assessees on the ground that the assessees did not produce any record in support of explanation of source of deposits made in the bank account. Now the assessees have raised this additional ground challenging the validity of notice under section 148 of the IT Act. It is pertinent to note that the validity of notice under section 148 can be challenged at the initial stage by filing the writ petition before the Hon'ble High Court or it can be objected before the AO by filing the objections and then in the appellate proceedings. The objections against notice under section 148 can be filed only after the return of income in response to notice under s....
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....r section 148 of the Act and consequently the said objection cannot be raised before the appellate authority. Hence, we decline to admit the additional ground raised by the assessee. The same is rejected. 5. As regards the original grounds raised by the assessee, on the merits of the issue, the ld. A/R of the assessee has submitted that the assessee produced additional evidence before the ld. CIT (A) in support of source of deposits made in the bank account. The ld. A/R has referred to the record which shows that the land holding of the assessees as well as affidavits of the assessees wherein the source of deposits made in the bank account has been explained. The ld. CIT (A) has not admitted the additional evidence filed by the asessee. Th....