2023 (9) TMI 1706

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e Learned Commissioner of income tax (Appeals) /National Faceless appeal Centre is erroneous both on facts and in law in dismissing the appeal without giving any proper opportunity. 2. The order of the Learned Commissioner of income tax (Appeals) National Faceless appeal Centre is erred in confirming the action of the assessing officer in treating an amount of Rs.907000/-as unexplained money u/s 69A r.w.s. 115BBE of the I.T. Act without giving any proper opportunity erred in confirming the action of the assessing officer in dismissing the appeal without giving any proper opportunity 3. The order of the Learned Commissioner of income tax (Appeals) National Faceless appeal Centre is erred in confirming the action of the asse....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....B Rs /-". 3. Facts of the case, in brief, are that assessee is an individual, who filed his return of income for the A.Y. 2017-18 on 18.07.2017 admitting total income at Rs.5,84,430/-. Subsequently, the case was selected for scrutiny and a notice u/s 143(2) dated 24.09.2018 was issued to the assessee. Further, notice u/s 142(1), calling for information and show-cause notice were issued to the assessee. In response to the notices issued, assessee submitted the information online. After verifying the information submitted Assessing Officer completed the assessment and passed order on 20.12.2019 under section 143(3) of the Act. 3.1. During the course of assessment, Assessing Officer noticed that assessee had made cash deposit of Rs. 3,40....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....he issue without discussing the factual details of the case, requested that the matter may be sent back to the lower authorities for a fresh review, taking into consideration of the circumstances. 7. On the other hand, the learned Departmental Representative did not object to remand the matter back to the lower authorities. 8. I have heard the rival submissions and perused the material on record. On perusal of the record, it is evident that though the assessee claimed to have used pension withdrawals for health and medical purposes, however as his bank statements are revealing no major cash withdrawals during FY 2015-16 and FY 2016-17, Assessing Officer rejected the explanation for cash deposits of Rs. 11,57,000/- from earlier withdra....