TaxTMI 
TaxTMI 
2024 (8) TMI 804
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....ed under section 144 r.w.s. 147 of the of the Income Tax Act, 1961 (the Act) by the Income Tax Officer, Ward 18(1)(3) [Ld. AO] , was dismissed. 2. The Assessee is aggrieved and has preferred appeal raising the following grounds: A. NO COGNIZANCE BY THE LEARNED CIT(A) OF THE SUBMISSIONS MADE BY THE APPELLANT 1. The Appellant had made submission before the learned CIT (A) against the notices under section 250 of the Act vide letter dated 7th June, 2023 2. On the facts and circumstances of the case and in law, the learned CIT (A) when passing the order under section 250 of the Act states in Para 1. that the Appellant has not filed any response to the notice and hence the order is passed on the basis of the order of the Assessing offic....
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.... without the proper examination of the facts and circumstances of the case, made/confirmed an addition to the total income of the Appellant under section 68 of the Act 11. In the view of the above, the said order passed by the Assessing Officer/the learned CIT(A) are without appreciating the fact that the amount received by the Appellant was a refundable deposit which in no case can be considered as the income of the Appellant 12. In the view of the above it is amply clear that the said order passed by the Assessing officer and confirmed by the learned CIT(A) is bad in law and hence should be set aside. D. GENERAL 13. All the above Grounds of Appeal are independent of and without prejudice to, each other 14. The learned CIT (....
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....Further notices were issued. On 25.4.2016, the Assessee sought adjournment. Subsequently, it was stated that the above sum was sent to him in his HSBC account by M/s. Planet International Holding Ltd., UAE. Mr. C.P. Sivraj who is the Chairman of the company for his housing project in Dubai. The Assessee did not file any details of unsecured loans/advances taken such as confirmation, copy of balance sheet, bank statements or any documents to establish the identity, credit worthiness and genuineness of the transaction. Therefore, the Ld. AO examined the Assessee under section 131 of the Act on 19.12.2016 wherein certain questions were asked to him with respect to the above loan. Based on his statements, the Ld. AO noted that the Assessee has ....
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.... the case and confirmed the additions. He further reached to the conclusion that the reopening of the assessment is also valid. The Assessee is aggrieved with the appellate order and is in appeal before us. 6. The Ld. Authorised Representative, Shri Madhur Agarwal submitted that the Ld. CIT(A) has failed to consider the various submissions made by the Assessee and incorrectly held that the Assessee has not submitted any details. He produced before us e-proceedings response acknowledgement wherein the Assessee has submitted written submission containing 7 pages, bank statement of the Assessee as well as 8 judicial pronouncements. This was submitted on 7.6.2023 in response to notice issued by the Ld. CIT(A) on 30.5.2023. He further submitted....
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....f the Assessee under section 131 of the Act in which Assessee admitted to have received the above sum but could not explain the ingredient under Section 68 of the Act to the Ld. AO. Thus, the addition was made by the Ld. AO. The Ld. CIT(A) dismissed the appeal of the Assessee on merits as well as against the re-opening of the assessment considering the Assessee has not submitted any response. Before us, the Assessee has submitted e-proceedings acknowledgement wherein on 7.6.2023 the Assessee has submitted various submissions including written statement as well as several judicial pronouncements. The Ld. CIT(A) passed the appellate order on 25.7.2023 without considering any of the submissions made by the Assessee. As the appellate order was ....