2025 (6) TMI 1300

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....ounds of appeal raised by the assessee are as under: "1. On the facts and in the circumstances of the case as well as the law on the subject, the learned Assessing Officer has erred in re-opening the assessment u/s 147 of the Income Tax Act, 1961 and issuing notice u/s 148 of the Income tax Act, 1961. 2. On the facts and in the circumstances of the case as well as the law on the subject, the learned Commissioner of the Income Tax (Appeals) has erred in confirming the action of the Assessing Officer in making addition of Rs. 69,34,863/- on account of alleged cash deposited and credit entries in the bank account treated as alleged income u/s 69A of the Income Tax Act, 1961. 3. On the facts and in the circumstances o....

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....tion from HDFC bank by issuing notice u/s 133(6) of the Act. A show cause notice was issued on 04.12.2018 asking the assessee as to why cash deposits and credits of Rs. 80,59,380/- should not be treated as unexplained sources. The assessee has disclosed total sales of Rs. Rs. 58,50,120/- for AY.2011-12 in the return of income. The AO did not accept the submission as the business activities remained unproved. The assessee has not furnished complete details such as address, PAN, contact number. The assessee has also failed to furnish the address of his shop, godown, name and style of the business concern, bill book, cash book, ledger account etc. The assessee also received gift of Rs. 7,50,000/- in cash and but creditworthiness of father (don....

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....dity of reopening u/s 147 of the Act, inadequate opportunities given by the AO and CIT(A) and merits of addition. The learned Authorized Representative (ld. AR) of the assessee, at the outset, submitted that notice u/s 143(2) of the Act was issued on 13.12.2018. No show cause notice was issued to the assessee before completing the assessment after notice u/s 143(2) of the Act. However, the assessment order was passed on 13.12.2018, the very day on which notice u/s 143(2) of the Act was issued. The assessee was not given any opportunity to file objection to the notice u/s 148 of the Act and details called for by the AO. He submitted that the order has been passed in clear violation of the principles of natural justice. He, therefore, request....

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....e-opening were supplied to the assessee. It is further found that the CIT(A) has also mentioned in the appellate order that the assessment order is dated 13.12.2018. It is, therefore, clear that no time was given to the assessee to raise objection for the re-opening of assessment nor was he allowed time to file explanation and details in support of his return of income. The action of the AO is in clear violation of the principles of natural justice. The impugned order has been passed fastening substantial tax liability on the assessee without proper hearing of the case. The ld. AR has submitted that the assessee is prepared to furnish explanation and supporting details before the authorities if another chance is granted to him. After consid....