2025 (8) TMI 360

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.... the reason for delay. It is submitted that the assessee is an uneducated person engaged in the business of distributing milk for Amul. In Form No.35 the assessee had mentioned an email address but an option was given that no notices/communication may be sent on the email. According to the assessee, the order received on email was not accessed by him as the email didn't belong to him and the concerned person did not inform him in time. This led to delay in filing of this appeal. It is found that the email address mentioned in Form No.35 was [email protected] and the assessee had clearly indicated that no notices/communication may be sent on this email. Considering the fact that no physical copy of the order was sent to the assess....

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.... 2. Learned CIT(A) has erred in law and on the facts in confirming the action of AO in making an addition of Rs. 1,52,16,162/- as unexplained money u/s.69A of the Act. 3. Alternatively, and without prejudice, the addition may kindly be limited to the peak credit amount. 4. Learned CIT(A) has erred in law and on the facts of the case in confirming the action of learned AO in invoking the provisions of S. 115BBE of the Act. 5. Learned CIT(A) has erred in law and on the facts in confirming the action of AO in charging interest u/s.234A/B/C/D. 6. Learned CIT(A) has erred in law and on the facts in confirming the action of AO in initiating penalty u/s.271AAC of the Act which is wholly unsustainable in law and on facts of the case." ....

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....assessment proceedings. Nevertheless, the assessee had explained that he was engaged in the agency business of milk distribution and had derived commission income only. A copy of the bank statement in which the cash deposits were made has been brought on record. It is found that the cash deposits were made almost on daily basis and the amounts after deposit were transferred to GCMMF Ltd. also on daily basis. Considering the fact that the cash deposits were immediately transferred to GCMMF Ltd., the addition of the entire cash deposits in the hands of the assessee cannot be held as correct. Even if no compliance was made by the assessee, nothing prevented the AO to make enquiry from GCMMF Ltd. about the amounts transferred and the nature of ....