2024 (8) TMI 871

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....lid and without jurisdiction as same been issued without prior mandatory approval of specified authority in terms of section 151 of the Act (un-amended Section 151) and therefore the consequential proceeding in form of re-assessment order is invalid, without jurisdiction and void ab initio. 2. That on the facts and circumstances of the case, the notice issued under section 148 by the AO is illegal, bad in law, without jurisdiction and barred by time limitation, hence, the reassessment order dated 03/09/2021 passed by the National Faceless Assessment Centre is also illegal, bad in law and without jurisdiction. 3. That the impugned re-assessment is passed without issuing the mandatory notice u/s 143 (2) of the Act, thus default of non-iss....

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.... was granted by the lower authorities and that the assessee has complete details to explain the source of alleged cash deposit of Rs. 12,60,000/- during the demonetization period and if one more opportunity is granted then the assessee can file necessary details to the satisfaction of the Ld. A.O. He also submitted that the assessee is a Senior Citizen and she runs a kirana store and has cash in hand of approximate Rs. 7 lakhs as on 01.04.2016 duly reflected in ITR and coupled with the income earned during the year, sufficient cash was available in her hand to deposit the alleged sum of Rs. 12,60,000/-. 4. On the other hand Ld. Departmental Representative apart from relying on the orders of lower authorities submitted that the assessee did....

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....e at Rs. 12,60,000/-. Thereafter the assessee challenged the order of the A.O before Ld. CIT(A) but except filing the appeal no other evidences were placed. As a result Ld. CIT(A) placing reliance on the judgment of Hon'ble Punjab and Haryana High Court in the case of Nirmal Singh and others (Cr No.3791 of 2013 (O&M) dated 01.05.2014) confirmed the addition made by the A.O for placing any reasonable cogent and valid arguments/contentions by the appellant. Before this Tribunal Ld. Counsel for the assessee has submitted that the assessee is regularly filing the income tax return and taking into account the accumulated cash in hand for the past so many years coupled with the opening cash in hand as on 01.04.2016 as well as the income earned pr....