TaxTMI 
TaxTMI 
TaxTMI 
2022 (7) TMI 261
X X X X Extracts X X X X
X X X X Extracts X X X X
....er in which the order was received by the brother of the assessee, there was a stamp of 3rd January, 2019 vide consignment No. RH358874601IN which can be safely ascertained that the order was passed after the 31.12.2018, this is not legally valid." (ii) On the facts and circumstances of the case the learned Commissioner of Income Tax (Appeals) has legally and factually erred in law in making the addition of entire deposit of Rs. 17,01,000/- by not properly considering the Remand Report of the Ld. A.O. All the cash deposits were explained before the Learned A.O. but even after that the order was passed that it was just an afterthought of the Assessee." Ground No. 1 3. It was submitted before the Ld. CIT(A) that assessment order dated 26.12.2018 was received by the assessee on 03.01.2019, thus, it has to be presumed that the AO did not pass or make order on or before 31.12.2018, before expiry of limitation period prescribed u/s. 153 of the Act. I am in agreement with the contention of the Ld. AR. Ld. Sr. DR submitted that the requirement of provision of section 153 of the Act is only that the order should be made within the prescribed time limit. There is no requirement of servin....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... of nine months from the end of the financial year in which the notice under section 148 was served and it's apparent that merely singing on back dated i.e. 26.12.2018 cannot be equated with passing of order as contemplated under section 153 of the Act. If the order was passed on dated 26.12.2018 then why it was not booked for speed post on or before 31.12.2018? In the circumstanced, impugned order was passed beyond the time limit of passing the order, are clearly barred by limitation and as such may not be sustained. 4) The assessee was a home maker and lives in the family of agriculturists, assessee 's family agriculture land is approximately 25 acres situated at village Gabipur, Barwala Hisar which is very fertile land, all the deposits is from the agriculture income of my family (Family here means my spouse and my 2 sons) and the amount debited from my bank account is transferred in the bank account of my nephew's company. The compliance could not be made because the notice was served a.m. present's home and not serviced at my home, Non-compliance was unintentional". Later on the assessee vide his written submission dated 1.06.2019 requested that the groun....
X X X X Extracts X X X X
X X X X Extracts X X X X
....lowing dates:- 20.07.2010 7,00,000/- 21.07.2010 9,50,000/- In view of the above facts, it is submitted that the date of the cash deposit is after, the date of withdrawal The total cash withdrawal made by the assessee family is Rs. 15,23,950/- including cash of Rs. 70729(25347 + 30370 + 15012). In case the same is excluded being much before the deposit in assessee's account and the balance figure comes to Rs. 14,53,221/-. The total cash deposited in the assessee's account is Rs. 11,65,000/- and the assessee has not produced any evidence for the balance amount i.e. Rs. 1,96,779/-." 6. In response to the above remand report, the assessee filed written reply which reads as follows:- "Respectfully, it is submitted that the comments given by the learned AO through Joint Commissioner of income Tax, Hisar Range may be incorrect. I would like to draw your kind attention towards the total of cash withdrawn statement made by the learned AO. s. no. Name and relation of the assessee Date Amount withdrawn Total 1. Sh. Madan lal Bhutani (Spouse) 29.04.2010 16.07.2010 18.07.2010 20.07.2010 25347 300000 200000 65800 591147/- 2. Mohit(....
X X X X Extracts X X X X
X X X X Extracts X X X X
....withdrawal of money kept with the firm by her family members i.e., her husband, Shri Madan Lai Bhutani and her two sons, namely, S/Shri Mohit and Ankit. The AO also accepted that in spite of the said claim, the assessee has filed copy of account of all three members of the assessee's family from the books of account of the firm. In para 3.2, the AO also noted that there was a withdrawal of Rs. 50,23,950/- during the year under consideration. Regarding household expenses, it was also explained by the son of the assessee Shri Mohit that the said withdrawal is out of earning of one crop and the family expenses are being borne out from agricultural income and income from the firm run by his father Shri Madan Lai Bhutani. It was also submitted by the son of the assessee before the AO that the main reason to redeposit the funds in their mother's account was that her mother's nephew needed funds for business purposes. Copy of bank account was also submitted before the AO which revealed that the amount of Rs. 7 lakh was deposited on 27.02.2010 and Rs. 9,50,000/- was deposited on 21.07.2010. The AO also noted that the date of cash deposit is immediately after the date of withdra....