TaxTMI 
TaxTMI 
2023 (3) TMI 1580
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....individual and filed his return of income on 21-09-2017 admitting a total income of Rs. 6,01,750/-. Information was received from Police Authorities, Sironcha Police Station, District Gadchiroli that cash of Rs. 1,20,00,000/- was found in the possession of Sri Sanjay Gangaram Awathare alongwith his driver on 02-06-2020 and he was not having any supporting documents to establish the source of the cash. Sri Sanjay Awathare stated that he is working for Mr.Mohd Bashu Miya, who is a Tendu Patta contractor. He further stated that the cash being carried in the vehicle belongs to Mr.Mohd.Bashu Miya for making payment to Tendu Patta gatherers in the contract area of Bhamragarh, Gadchirli for various Gram Sabhas and their villages. 3.1 Based on the information that the assessee Sri Sanjay Awathare could not furnish evidence in support of the sources of the cash found, a warrant of authorization u/s. 132A was executed on the assessee Sri Sanjay Awathare and Sri Mohd. Bashu Miya on 26-06-2020. 4. In response to the notice, the assessee filed his return of income on 05-02-2022 admitting a total income of Rs. 6,01,750/-. However, neither the assessee e-verified the return filed by him nor....
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....charjee and another (10 CTR 354) held that an appeal means an effective appeal "expression "prefer an appeal" would mean effectively prosecuting an appeal". Purposefully interpreted, preferring an appeal means more than formally filing it but effectively pursuing it. If a party retreats before the contest begins, it is as good as not having entered the fray. The Hon'ble MP High Court in Estate of Late Tukojirao Holkar v. CIT, 223 ITR 480(MP) has held that if a party, at whose instance the reference is made, fails to appear at the hearing, or fails in taking steps for preparation of paper books so as to enable hearing of the reference, the court is not bound to answer the reference. Similar view has also been taken in the case of CIT v. Multiplan (India) Pvt. Ltd., 38 ITD 320 (Del). Following the ratio of Multiplan (India) Ltd (supra), the Chennai Tribunal has also dismissed appeal for non-prosecution in the case of M/s Helios and Matheson Information Technology Ltd v ITO in ITA No. 134/Mds/2011 dated 5.7.2011 for A.Y.2006-07. It is pertinent to add here that the laws assist those who are vigilant and not those who sleep over their rights. This principle is emb....
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....ubmissions, implying casual nature on part of the appellant. In view of the above, it is clear that the appellant has no bonafide explanation to rebut the findings of the Assessing Officer and, therefore, chose not to avail the opportunities afforded to it during the appeal proceedings. Further, the sources of the credits have not been neither reconciled nor any effort has been made to provide a nexus of the same with accounted sources of the appellant. The income for the year is Rs. 6,01,750/- and the credits in bank account of the appellant amount to Rs. 81,72,880/-. The prima facie examination itself will lead to a conclusion that the unaccounted income of the appellant has been credited in the bank account. Needless to state that nothing cogent was filed during the assessment proceedings. Even during appellate proceedings, the appellant failed to submit any substantive evidence regarding the source of credits in bank account. The appellant's cases pertain to A.Y. 2017-18 to A.Y. 2021-22 and in all the years, it is seen that the Assessing Officer has relied on the bank account of the appellant which was called for and on the basis of the same, the addition ....
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....he sources remained explained. 5. Any other ground that may be urged at the time of hearing." 6. The learned Counsel for the assessee at the outset submitted that the Assessing Officer in the impugned order made addition of Rs. 81,72,000/- on the ground that the assessee did not file the information with regard to the source of the credit till completion of the assessment despite opportunities granted. He submitted that the assessee during the course of assessment proceedings had filed the bank statement of the assessee along with other partners and the source of the same are business which were considered while filing the return. He submitted that the Bank statement do reveal that the amounts were received by the assessee through RTGS from M/s. R.B Enterprises. He submitted that during the appeal proceedings before the CIT (A), the assessee could not appear before him since he was in prison for which the learned CIT (A) passed the ex-parte order. He accordingly submitted that given an opportunity, the assessee is in a position to substantiate his case by filing the requisite details. 7. The learned DR, on the other hand, strongly opposed the arguments advanced by th....