TaxTMI 
TaxTMI 
2025 (2) TMI 234
X X X X Extracts X X X X
X X X X Extracts X X X X
....d following grounds:- "Ground-1. Whether on the fact and in the circumstances of the case and in law, the Ld. CIT(A) had erred in setting aside the assessment order as per the provisions of section 251(1)(a) of the Income Tax Act, 1961, when the assessee was responsive during the course of assessment proceedings. 2. Any other ground that may be raised during the course of appellate proceedings." 3. For A.Y. 2015-16, we deem it expedient to reproduce below the impugned order passed by the learned CIT(A) under challenge:- "4. As per the information available with the Income Tax Department, the appellant had made cash deposits amounting to Rs. 1,45,00,000/- in his bank account held with M/s Mangaldeep Multi State ....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... Date of hearing(s) 1. 21/08/2023 2. 09/08/2024 3. 22/08/2024 4. 30/08/2024 5. 06/09/2024 6. 01/10/2024 (final opportunity) 4.2 Against all these notices, there was no response from the assessee. A final opportunity i.e. show-cause notice was issued on 24.09.2024 and the appellant was informed that if no reply is received on or before 01.10.2024, the appeal would be disposed of based on the materials available on record. The appellant has not responded to the hearing posted. Despite providing numerous opportunities, the appellant did not file his submission. As has been brought out above, sufficient time is allowed to the appellant to submit the response online. However, it is evident that the ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....s where a particular receipt is sought to be taxed as income, the initial onus is on the Assessing Officer to prove that it is taxable. Where, however, the assessee claims exemption, the burden is on the assessee to prove it to be exempt. Same is the position in case of all allowances, deductions, claims or loss, etc. Since an appeal is nothing, but the claim of the appellant that he has been unduly unjustifiably taxed, it is for the appellant to prove its case. The appellant has not availed any opportunity to do so. 4.5 From the conduct of the appellant, as per the facts noted above, it is clear that the appellant does not wish to pursue the appeal. Even otherwise, on merits also, I do not see any reason to differ with the finding....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... operations of the business are carried out in cash or he is capable of generating that much of cash through his business activities by calling bank account statements. b) To verify the source for cash deposits alongwith counterfoils of cash deposits made. c) Once again verify the KYC documents and application form of the applicant while opening the bank account. d) Details of cash withdrawals alongwith counterfoils and cash withdrawals slip of AY 15-16 & 18-19. e) The AO also may verify details of loan obtained by the appellant in his name or in the name family members in the above mentioned bank. 1) The AO may verify the locker facility availed by the appellant or his family members in the abov....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ing further necessary action in the case of Mr. Naresh Shivlal Rajai or any other person involved. 4.7 Thus, the case of the appellant is set aside to the file of the AO for de-novo consideration. 5. In the result, the appeal is allowed for statistical purposes." 4. In A.Y. 2018-19, the learned CIT(A) has made following observations vide Para-4 and 4.6 to 4.7 of its order, which is reproduced below:- "4. As per the information available with the Income Tax Department, the appellant hadrade cash withdrawals through cash as well as bearer cheques amounting to Rs. 23,49,99,360/- in his current bank account during the Financial Year 2017-18. Based on this information, the AO initiated proceedings u/s 147 of the Act....
X X X X Extracts X X X X
X X X X Extracts X X X X
....s tried his best to get some evidence in support of the expenditure claimed. The AO's findings in the assessment order are reproduced below in brief so as to understand the non-compliant behaviour by the appellant. Further, there is no continuity in filing ITR though such heavy transactions have been undertaken by the assessee and it is only when the information was filtered to the Department and notices were issued to the assessee that he has responded by trying to create some evidence to authenticate the source and reasons for the subsequent withdrawal of the amount of Rs. 23,49,99,360/-. Therefore, for the reasons mentioned, the amount of Rs. 23,49,99,360/- is treated as unexplained credit and the same is added back to the i....