2022 (12) TMI 78

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....dated 20.11.2018. The assessee has raised the following grounds of appeal:- "1.Ld. CIT(A), NFAC, Delhi has erred in law and on facts to pass ex parte appeal order. 2.Ld CIT[A], NFAC, Delhi has erred in law and on fats in sustaining A.O's reopening of assessment u/s 147 and issue of notice u/s 148 of the Act. 3. Ld. CIT[A], NFAC, Delhi has erred in law and on facts to confirm A.O's addition of Rs.5.00 Lacs being investment in IDBI Bank F.D. ignoring the fact that the said F.D was made through S/b account with IDBI bank. Further, an amount of Rs.5.50 Lacs was deposited through cheque in IDBI Bank out of known source, prior to made F.D. with IDBI Bank. 4.Ld. CIT[A], NFAC, Delhi has erred in law and on facts ....

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....her bank account with State Bank of India, Valsad Branch, where the Assessing Officer found certain cash deposits in such bank account, summary of which was prepared by Assessing Officer and noted that there were total deposits / credit of Rs.8,28,908/-. The Assessing Officer issued show cause notice upon assessee. The show cause notice was not replied by assessee. The Assessing Officer further made addition of Rs.8,28,908/-. 4. Aggrieved by the additions in the assessment order and against reopening, the assessee filed appeal before ld. CIT(A). The appeal was transferred to Ld.NFAC/CIT(A). The Ld. NFAC noted that despite giving sufficient opportunities to assessee he has not furnished any submission or filed any documents. The Ld.NFAC/C....

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....late to passing of ex-parte order and validity of reopening under section 147 of the Act. I find that the case of assessee was reopened on the basis of information gathered in the ITD system that assessee has made time deposit of Rs.5 lakh in IDBI Bank but no return of income was filed. Thus, the Assessing Officer found his believe that income of assessee has made escape assessment. Such information is sufficient to have a reason to believe that income of the assessee escape assessment. I find that the assessee neither before the Assessing Officer nor before Ld.NFAC/CIT(A) and finally before me filed any submission or documents to substantive his case as to why the reopening is not valid. In my view, as assessee has not filed any return of ....