2024 (4) TMI 354

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....AO tried to serve the notice of hearing upon the Smt. Sunita Sharma, w/o legal heir of Shri Shyam Sunder Sharma however all the efforts failed to serve the notice on the legal heir of assessee and finally the notice was served by affixture and placed report as sent by ITO, Ward-37(4), Kolkata. The ITO, Ward-37(1), Kolkata stated in the report that the notice was sent to serve the notice however he returned bank when legal heir was failed to accept the notice. It was also mentioned in the report that inspectors report to ITO was also served the notice on Shri Sunita Sharma situated at 4th Floor, Munipara, Manicktala, Kolkata. It was under lock and key and there is no reasons from deciding despite several knocking and finally the notice was s....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....of the total deposits treating the said amount as commission earned by him. He furnished a copy of the assessment order passed by the Ld. AO, i.e. ITO, Ward-37(4), Kolkata for the AY 2011-12 on 27.12.2018 u/s 147/143(3) of the Act. It is observed from the said assessment order for the AY 2011-12 that the appellant had explained before him that he had allowed his bank account to be utilized by certain persons in lieu of commission of 0.25%. The AO observed as under: "The submission of the assessee is perused. Notice u/s 133(6) was issued to M/s DCB Bank Ltd. for verification of bank account of the assessee. In response to notice u/s 133(6), DCB Bank Ltd. furnished the copy of bank statement of the assessee for the period 01.04.2010 ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... dear that the issue of the appellant being an entry provider working for a Commission in lieu of the deposits made in his bank accounts by certain unscrupulous persons has been looked into by the assessing officer. Since the facts of the case for the assessment year 2010-11 and 2011-12, therefore, there should be uniformity in the approach of the assessing officer. In any case adding back the entire amount of deposits to the taxable income of the opulent is an incorrect way approaching the situation. When there are frequent deposit and withdrawal rules in a bank in which has been held to be not genuine, the courts have help that taking the peak credits should be the best way. However, is the appellant has stated that he has worked as an ac....