2024 (6) TMI 1209

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....er has erred in law as well as the fact and circumstances of the case in making addition on account undisclosed cash deposited Rs. 10,37,000/- considering facts and legal provisions of the case. 2. The Ld. AO has further erred on facts and in law in making an addition for entire credits whereas the same were immediately withdrawn and given to parties related to business activities. 3. The assessee reserves its right to add, alter, modify, delete or amend all or any of the grounds of appeal before or at the time of hearing of appeal." 3. Brief facts of the case are that the assessee is an individual, who did not file his return of income for the concerned assessment year. As per the details available with the Assessing O....

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....ellant did not file return of income in response to notice u/s 148 of the Act issued by the A.O during the course of assessment proceedings. Furthermore, he did not comply with any of the statutory notices issued by the A.O. Due to non-compliance of notices issued, the AO completed the assessment ex-parte u/s 144 of the Act and made addition amounting to Rs. 10,37,000/- . 5.1.2 The non-cooperative nature of the appellant continued in the appellate proceedings also. The appellant merely filed the appeal and thereafter, he did not respond to any of the notices issued, as has been stated above. There is no gainsaying that once the appeal is filed by the appellant, it is obligatory on its part to purposefully and co-operatively pursue ....

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.... and circumstances of the case, it is clear that the appellant has failed to prove the nature and source of money received in his bank account. This being so, his case is covered by Section 69A of Income Tax Act and hence, the addition of Rs. 10,37,000/- is confirmed u/s 69A of Income Tax Act, 1961. Hence, ground nos. 1 and 2 are hereby dismissed. 5.2. Ground No.3: The appellant has not added, altered, modified, deleted or amended any or all of the above grounds of appeal during the appellate proceedings. Hence this ground of appeal is dismissed. 6. In the result, the appeal filed by the appellant is dismissed." 5. During the course of hearing, the ld. AR for the assessee prayed that the Id. CIT(A) and the AO has passed....

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....) at my address. 5. That the Email ID updated on my Income Tax Portal Profit was [email protected] but no notices received on the said email ID from any of the Authorities. 6. That I further solemnly affirm and declare that this affidavit of mine is correct and true, no part of it is false and nothings material has been concealed therein." 6. Per contra, the ld. DR supported the orders of the lower authorities praying that the assessee was provided various opportunities by the lower authorities to argue the case but the assessee was lethargic and unserious to pursue his case and thus the order passed by the ld. CIT(A) should be sustained. 7. We have heard both the parties and perused the materials available o....