2021 (1) TMI 197

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....s in his saving bank account during the financial year 2008-09 without quoting his PAN, notice u/s.148 was issued on 29.03.2016 which has stated by the Assessing Officer to have been served upon the assessee through speed post; and thereafter various notices u/s. 142(1) were issued and served upon assessee. However, no compliance has been made and thereafter assessment has been made u/s.144 making aggregate addition of Rs. 25,80,880 which also included deposit of Rs. 7,30,878/-. 3. Before the Ld. CIT(A) it was explained that out of total deposit added by the Assessing Officer, two were cheque payments of Rs. 3,50,000/- each deposited in the bank account of the assessee on 19.06.2008. With regard to source of cash deposits, it was submitted....

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....treasury paper was purchased of value of Rs. 100/-. Then the AO is also point out that there is only one witness who is signing the document and no details of witness have been given. The AR on his part is questioning the right of the AO to make inquiry and investigation since the AO has proved that the agreement is doubtful and fictitious. The Id. AR is totally of the mark and in contravention of legal procedure in questioning the right of the AO an inquiry and observations which the AO has made. The value of evidence filed has to be first determined and it is to be decided by the authorities concerned whether the evidence filed is credible enough to be proceeded with for further investigation. In this case the AO has been able to estab....

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....s being made annexure to this appeal order." 4. Before us, ld. counsel for the assessee submitted that the assessee had received advance of sums aggregating to Rs. 18,50,000/- against agricultural land situated at village- Dabathwa, Pohli, Babakpur, District Meerut. This is clearly borne out from the agreement to sell, i.e., Ikrarnama wherein amount of cash and cheque has been mentioned. The ld. Assessing Officer has passed an ex-parte order without service of notice on the assessee even the copies of reasons recorded were not supplied to the assessee. The assessee has specifically requested before the ld. CIT (A) to supply the copy of reasons recorded which has not been made available till date. He further submitted that there has been g....

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....fficer, because the order has been passed ex-parte for which the ld. counsel for the assessee submitted that notices issued by the Assessing Officer were not received by the assessee at all. Before the ld. CIT (A) when Ikrarnama was filed, the ld. CIT(A) has called for the remand report and Assessing Officer also did not give any opportunity so as to substantiate the authenticity of the Ikrarnama and the same has been rejected by the Assessing Officer on surmises. The Assessing Officer and Ld. CIT (A) has confirmed the addition merely on the ground that the primary evidence, i.e., Ikrarnama is an afterthought and its authenticity is in doubt. 7. Under these facts and circumstances, we are of the opinion that the matter should be restored b....