2025 (7) TMI 232

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....assessee are as under: "1.That on the facts and in the circumstances of the case, the Ld. Commissioner of Income Tax (Appeals)-NFAC, [here-in-after referred to as Ld.CIT(Appeals)] was not justified and grossly erred in dismissing the appeal which is bad-in-law and against principal of natural justice equity, thereby confirming the action of the AO for the order passed u/s 143(3) of the I.T. Act, 1961 which is incomplete and also bad on facts as appellant was not provide opportunity to submit documentary evidence. 2.(a) That on the facts and in the circumstances of the case, the Ld. CIT(Appeals) was not justified and grossly erred and indirectly confirming the action of the AO in by accepting the addition on account of unex....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....". The assessee deposited SBNs of Rs. 1,45,65,000/- in his bank account with Kotak Mahindra Bank Limited and Rs. 16,83,000/- with Surat National Cooperative Bank Limited. Thus, the total SBNs deposited during demonetization period was Rs. 1,62,48,000/-.The assessee submitted cash book without any supporting documentary evidences in the form of bills, vouchers, invoices etc. At the fag-end of the assessment proceedings on 27.12.2019, the assessee furnished list of 150 purchasers with incomplete address and requested Assessing Officer (in short, 'AO') to issue notice u/s 133(6) for confirmation of cash sales. The AO allowed opening cash balance of Rs. 1,51,229/- and added remaining amount of Rs. 1,60,96,771/- u/s 69A of the Act. 4. Aggriev....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... the AO. Adequate time was not given to file all details by the AO. He, therefore, requested that the additional evidence may be admitted and the matter may be set aside to AO or CIT(A) for considering the matter on merit. 6. On the other hand, learned Senior Departmental Representative (ld. Sr. DR) for the revenue supported the order of lower authorities. He stated that the Bench may decide the matter as it thinks fit. 7. We have heard both the parties and perused the materials available on record. We find that CIT(A) has passed ex parte order. Evidently, the assessee did not comply with the notices issued by CIT(A). Hence, various additions made by AO were confirmed by CIT(A). The ld. AR of assessee submitted that noncompliance by a....