2020 (11) TMI 856

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....d under section 148 by the Ld. AO is bad in law for various reasons and prayed for being quashed. 2. That on the facts and circumstances of the case, the Ld. AO erred in reopening the assessment without having jurisdiction and also without having any reasons to believe as on the date of issue of notice U/s 147/148 that income has escaped assessment. The assessment in pursuance of same is thus prayed for being quashed. 3. On the facts and circumstances of the case, the Ld. AO erred in reopening the assessment without obtaining appreciate sanction as provided u/s 151 of the Act and thus assessment in pursuance of same is prayed for being declared void ab initio. 4. On the facts and circumstances of the case, the Ld.....

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....equest of the assessee. Therefore, in the facts and circumstances of the case I propose to hear and dispose off of this appeal ex-parte. The only issue arises in this appeal is regarding addition of Rs. 44,59,430/- was made by the AO on account of commission income for providing accommodation entries of marble sales. 3. The ld. DR has submitted that the assessee being a proprietor of two proprietary concerns M/s Dangerous Marble Suppliers and M/s Herbal Marble has not filed any return of income U/s 139(1) of the Income Tax Act. The AO received information regarding deposit of Rs. 4,56,20,758/- in the bank account of the assessee during the year under consideration. The said transactions of deposits in the bank account of the assessee ....

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....sited in the bank account of the assessee is on account of bogus accommodation sale entries provided by the assessee to various parties and the assessee has earned only commission income on such deposit. The AO after considering the statement of the assessee U/s 131 has held as under:- "From the above statements it is clear that the assessee has completely failed to prove that the cash deposits were not pertaining to him and were pertaining to different marble traders of Kishangarh. The assessee has failed to discharge the onus laid upon him as he has no documentary evidence in support of his statements. Therefore, cash deposits in the bank accounts of the assessee are treated as his own cash. In view of above discussed fa....