TaxTMI 
TaxTMI 
TaxTMI 
2025 (6) TMI 1741
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....s. 144 of the I.T. Act. is arbitrary, unlawful and unjustified. As the assessee has furnished all the details in response to the notices and those were duly verified by the AO during the course of assessment proceedings. As such it cannot be said that no explanation was furnished to the AO. The appellant made certain deposits in her bank account during the period 08.11.2016 to 30.12.2016 and also made certain deposits in post office. The AO treated all the deposits as unexplained u/s.68 and assessed as total income of the appellant and completed the assessment u/s. 144 without giving proper opportunity to explain the nature and sources of deposits. 2. For that the addition of Rs. 18,12,393/- deposited in the bank account, in Recurring Dep....
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....back to the total income, which is a double addition made by the AO whereas the same is already added in Rs. 18,12,393. 5. For that the addition of Rs. 1,35,500/- deposited in the post office account is 5 arbitrary, unlawful and unjustified as the same was duly explained by the AO. 6. For that under the facts and in the circumstances of the case the whole addition as made by the AO is arbitrary, uncalled for and unjustified and such addition should be deleted in the interest of justice. The AO should have given proper opportunity to the appellant and should have accepted the explanation. 7. For that under the facts and in the circumstances of the case the Order u/s.250 of the I.T. Act. as made by the Commissioner of Income Tax (Appeal....
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....book at pages 11 to 14. He submits that all the deposits made in the bank account and Post Office account are duly incorporated in the balance sheet so prepared and since even after incorporating all the details, the total income of the assessee is not exceeding the maximum amount not chargeable to tax, she had not filed the return of income for the year under appeal. He further submits that for the assessment year 2015-16, assessment was completed u/s.143(3) of the Act, wherein, the income declared was accepted by the department vide order dated 28.11.2017, copy of which is also placed before us. Ld AR further submits that all the deposits in Recurring Deposit, Fixed Deposit and SB Account with Central bank of India and Post Office were ou....
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.... were added as total income. (b) Deposits in RD Account and Savings A/c were added as total income. (c) Deposits in Cent Mortgage Account (Loan A/c) were added as total income. (d) All total comes to as per the AO (18,12,393 1,89,000+2,24,000+1,35,500) Rs. 23,60,893/-. Assessment was completed and demand was raised amounting to Rs. 28,81,536/- As per CIT(A)- As per the provisions of the Section 249(4)(b) of the Act, the appeal shall not be admitted, unless the appellant has paid an amount equal to the amount of advance tax which was payable by him if no return of income has been filed. In the present case, the appellant did not file return of income. On or before filing the present appeal, the appellant has failed to make the ma....
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....nt No.3438272537. The said Post Office Account's is an old accounts and are duly reflected in the Balance Sheet of the appellant every year. The AO also added Rs. 2,24,000/- deposited in Cent Mortgage Account (Loan A/c) No.3094773388. The said Cent Mortgage Account (Loan A/c) No.3094773388 A/c's does not belongs to the appellant and the same belongs to the Sumitra Devi Guin and Mohan Guin. As such the addition of Rs. 6,27,893/- (Rs. 4,03,893 (i.e. out of addition Rs. 18,12,393) + Rs. 2,24,000) does not belongs to the assessee. Hence the deposits in the said Account should be deleted. The cash deposits in various accounts are made out of cash available as on 31.03.2016 and out of the collection of advances and deposits made in pa....
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....ome and balance sheet etc, filed in the paper book, we find that all the deposits in the form FDs, RDs account and other cash deposits find place in the assets shown in the balance sheet and also the income earned thereon in the shape of interest etc are duly taken to the computation of total income where after considering other incomes and investments made for deduction under Chapter VIA, the total income of the assessee was computed which is lower than the amount maximum not chargeable to tax. Further from the perusal of the fund flow statement, we find that there was opening balance of Rs. 6,02,645/- taken from the balance sheet of preceding year and the closing balance was taken to the next year where the return was also not filed being....