TaxTMI 
TaxTMI 
2024 (11) TMI 1030
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....4B of the Act dated 25.03.2022. 1.1. The assessee is in appeal before this Tribunal raising the following grounds of appeal: "1. For that the National Faceless Appeal Centre (NFAC), Delhi, ['the CIT(A)'] erred on facts and in law in dismissing the appeal filed by the appellant, vide order passed under section 250 of the Income Tax Act, 1961, ('the Act'), dated 01-11-2023. 2. For that the CIT(A) erred in confirming the assessment order passed by the National Faceless Assessment Centre, Delhi, ('the AO'), assessing the appellant under section 147 read with section 144 and 144B of the Act, vide order dated 25-03-2022 at an income of Rs 2,62,77,730/- against the current years income of Rs 3,07,646/-, by making addit....
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....ening of the assessment proceedings. Accordingly, ground no. 5 raised by the assessee is dismissed as not pressed. 3. The effective grievance in the remaining grounds of appeal are that ld. CIT(A) erred in confirming the action of the Assessing Officer (hereinafter referred to as ld. 'AO') by not condoning the delay in filing the appeal and also passing an ex-parte order without allowing proper opportunity of being heard thereby confirming the addition u/s 69A of the Act at Rs. 2,62,77,730/- for alleged unexplained cash deposited in the current bank account of the assessee's sole proprietorship concern. Assessee has also challenged the validity of invoking of Section 115BBE of the Act by ld. AO. 3.1. Brief facts of the case as cul....
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....he delay with reasons and also informing about the activity of the assessee of running a petrol pump and that the cash deposits are on account of sale from petrol, diesel, gas and lubricant. However, ld. CIT(A) even after taking note of the assessee's submission and the information about running of the petrol pump did not condone the delay and dismissed the assessee's appeal. Aggrieved, the assessee is now in appeal before this Tribunal. 4. Ld. Counsel for the assessee has file a detailed paperbook consisting of various details of purchase, sale and deposit in the bank account, ledger account in the books of BPCL, bank statement, information about the death of her husband and she being not aware about the income tax proceedings and also st....
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.... compliance to notice u/s 148 of the Act she has furnished the return on 11.01.2022 wherein detail of e-mail address and phone number are provided. Ld. CIT(A) has not condoned the delay but even though the assessee has furnished the information about running the petrol pump allotted by BPCL and that the cash deposited are on account of sales made from the petrol pump. Ld. CIT(A) has not devoted any energy on the merits and has summarily dismissed the assessee's appeal by not condoning the delay. At this juncture, we notice that the assessee had furnished following documents in the paperbook dated 09.09.2024: 1. Comparative statement of month wise purchase, sale and deposit in the bank account of the assessee. 2. Copy of the ledger accou....
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....e of the ld. AO will unnecessarily give rise to one more round of proceedings which we do not deem proper under the given facts of the case. 6. We have gone through the details filed before us and the fact remains undisputed that the assessee has been running a petrol pump and the alleged cash of Rs. 2,62,77,730/- was received by her during the year at the petrol pump namely M/s. Pappu Fuel Station. During the demonetization period, the assessee was entitled to receive the old notes at her petrol pump for selling petrol, diesel and lubricant etc. A copy of bank statement held with State Bank of India placed at page 52-80 of the paperbook indicates that the cash deposited in the bank account has been utilized for issuing cheque to BPCL for ....