TaxTMI 
TaxTMI 
2021 (7) TMI 1174
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....deposits made in the bank account on non-compliances of the notices. 3. The fact in brief is that as per the AIR information, during the year under consideration, the assessee had deposited more than Rs. 10 lacs in his bank account maintained with Kurkarwada Nagrik Sahakari Bank Ltd., Mehsana. Subsequently, the notice u/s. 148 was issued on 26th March, 2017. In response, the assessee had filed return of income declaring total income of Rs. 68,490/-. Thereafter, Assessing Officer has issued notices u/s. 143(2) and 142(1) of the Income Tax Act, 1961 on 31st October, 2017. The assessee has not made compliance to the above mentioned notices. Therefore, Assessing Officer has issued show cause notice u/s. 271(1)(b) on 1st December, 2017 for le....
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....er to the remand report, they have been admitted and examined independently. The appellant has contended that he was basically an agriculturist and has been engaged in growing of crops and selling the agricultural produces in the market. He had contended that all the cash deposited in the Kukarwada Nagrik Sahkari Bank Ltd. was out of sale of agricultural produce such as potato which was grown by him. He has also contended that he had been also trading in potato seeds. The copy of bank statement revealed that the appellant had deposited the cash on various dates and mostly in multiplication of lakhs of rupees and some cases, less than Rs. 1,00,000/- on a single date. The appellant had also another bank account with State Bank of India of Vij....
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....ere made and also the copies of sale bills for verification of entries in the cash book as well as also the evidences for expenses. The A.O. has also noted that though it was the claim of the appellant that he was an agriculturist but no agricultural income had been offered in the return of income filed u/s 148 of the Act. Though the copy of this remand report was provided to the appellant who, however, sought for an adjournment of hearing and till the date of passing of this appellate order, he did not come forward with further evidences such as copies of sale bills, purchase bills, full addresses of the selling parties, details of expenses so incurred. He has reported the huge stock of potato/potato seeds but did not claim any rent on acc....
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....mpliance could not be made. The ld. counsel has submitted that ld. CIT(A) has not granted time to provide the voluminous information/details in addition to the additional evidences furnished by the assessee. The ld. counsel has referred para 4.4 of the order of the ld. CIT(A) wherein referring the query raised in the remand report of the Assessing Officer, the assessee has asked for one more opportunity to submit all the relevant papers pointed out by the Assessing Officer in the remand report. However, the ld. CIT(A) has not specifically granted additional time to reply the points raised in the remand report. On other hand, the ld. Departmental Representative has submitted that in spite of giving a number of opportunities the assessee has ....
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....ining to agricultural activities. However, the Assessing Officer has raised clarification in his remand report on the additional evidences furnished by the assessee before the ld. CIT(A). To explain the query raised by the Assessing Officer in his remand report and to furnish further evidences required by the Assessing Officer in the remand report, the assessee has asked additional time from the ld. CIT(A). Without indicating giving of any more opportunity to the assessee in order to make compliance with the further information sought by the Assessing Officer, the ld. CIT(A) has stated in his appellate order that even after gap of one month the assessee has not clarified the points raised by the Assessing Officer. On perusal of the order of....