2022 (7) TMI 216

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....layed by 29 days. In the present case, the impugned order dated 08/09/2021, was received by the assessee on same day. Thus, as per the provisions of section 253(3) of the Act, the assessee was required to file appeal within 60 days from the date of receipt of order. However, the assessee filed appeal, for the year under consideration, on 06/12/2021. We find that the Hon'ble Supreme Court, vide order dated 10/01/2022, passed in M.A. no. 21 of 2022, in M.A. no. 665 of 2021, in Suo-Motu Writ Petition (Civil) no. 3 of 2020, directed that the period from 15/03/2020 till 28/02/2022, shall stand excluded for the purpose of limitation as may be prescribed under any general or special laws in respect of all judicial and quasi judicial proceeding....

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....f Rs. 12,44,384, as appearing in Form 26AS, should be granted." 4. The brief facts of the case, as emanating from record are: The assessee is an individual and has filed his return of income for the year under consideration on 27/08/2018, declaring total income at Rs. 37,98,870. Thereafter, the assessee revised the said return of income on 02/05/2019, pursuant to notice issued under section 139(9) of the Act issued on 05/04/2019. In the return of income filed in response to notice issued under 139(9) of the Act, the assessee enhanced his income of Rs. 4,10,040 under the head "income from other sources" chargeable under normal rates and Rs. 12,20,035 under the head "income from other sources" chargeable under special rate other than section....

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....Rs. 12,20,035/- as accumulated balance of recognized provident fund. This clearly shows that if the department was not in a possession of the information of credits entries relating to the appellant, the same might have eluded taxation. Hence, it is a clear case of undeclared credits entries falling within the purview of the provisions of section 68 of the Act. Thus, the CPC, Bengaluru has rightly calculated the tax liability on income of Rs. 12,20,035/u/s section 115BBE of the Act and thus, this ground of appeal is accordingly dismissed." Being aggrieved, assessee is in appeal before us. 6. During the course of hearing, learned Authorised Representative ("learned AR") referred to the application seeking admission of additional evidence u....