TaxTMI 
TaxTMI 
TaxTMI 
2025 (9) TMI 1296
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....IT(A) has erred in passing the ex-parte order without giving the adequate opportunity of hearing and without serving any notice for hearing to the assessee as appeal was filed manually and PAN of the assessee was not registered on ITBA portal. 3. Under the facts and circumstances of the case and in law, the Learned CIT(A) has erred in confirming the addition of Rs. 5,87,200/- on account of alleged unexplained investment for purchase of shares. 4 Under the facts and circumstances of the case and in law, the Learned CIT(A) has erred in confirming the addition of Rs. 5,00,000/- on account of alleged unexplained investment for purchase of bonds. 5 The assessee craves your indulgence to add amend or alter all or any grounds of appeal before or at the time of hearing." 3. Succinctly, the facts as culled out from the record are that in this case, the assessee made a transaction for shares / commodities for an amount of Rs. 3,79,859/- and investment in purchase of bond / debenture of Rs. 9,92,400/-. The assessee also received contract receipts of Rs. 21,625/-. Since the assessee had not filed a return of income, notice as per provision of section 148 was issued on 28.03.2018 after r....
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....peed post. In response to notice u/s 148, the assessee filed no return of income. On change of incumbent, Notice u/s 142(1)/questionnaire and its enclosure issued on 26.07.2018 and duly served upon the assessee through speed post. In response to notice u/s 142(1), none attended. Thereafter one more and another opportunity were provided by issuing notice u/s 142(1) vide dated 11.09.2018 fixing the hearing on 17.09.2018 and served through speed post. However no compliance was made. Then final opportunity was provided vide notice u/s 142(1)/show cause dated 26.09.2018 fixing the hearing on 05.10.2018. The notice was duly served through speed post. However the assessee made no compliance. As the assessee did not comply with the notices issued u/s 148 dated 28.03.2018 and notice u/s 142(1)/show cause notice issued for completion of assessment u/s 144 of the IT, Act, 1961, therefore, I have no alternate but to complete the assessment ex-parte u/s 144 on merits, on the basis of material available on record. The assessee neither had filed return of income voluntarily u/s 139(1) of the Income-tax Act, 1961 nor in response to notice u/s 148 dated 28.03.2018. As per the ITS data assesse....
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.... above no documentary evidence whatsoever regarding the assertions made by appellate in its statement of facts and ground of appeal have been filed during the appellate proceedings to disprove the finding of the AO and to show as to how the AO is incorrect in law or facts in making addition on this ground. Considering the facts and circumstances of the case no infirmity is observed in the order of the AO. Thus, I find no merit in these grounds of appeal taken by the appellant and accordingly the same are rejected/dismissed. 5.7 Grounds of Appeal No. 4:- This ground of appeal is general in nature and does not need adjudication. 6.0 In the result, the appeal is dismissed." 5. Aggrieved by the order of ld. CIT(A), the assessee is before this Appellate Tribunal. To support the various grounds, so raised by the ld. AR of the assessee, he has filed written submissions and the same are reproduced herein below: "The assesse is an individual. The assessee was not enjoying any taxable income during the year under consideration, hence he has not filed his return of income. The Learned AO has completed the assessment u/s 144 r.w.s. 147 of the Income Tax Act, 1961 on 16.11.2018 without s....
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....er has made enquiry from bank by issuing notice u/s 133(6) of the Income Tax Act, 1961 the same facts came into the knowledge of the Learned Assessing Officer. But the Learned Assessing Officer has not made any enquiry and made the additions in a mechanical manner. Hence the order passed by the Learned AO u/s 144 r.w.s. 147 of the Income Tax Act, 1961 is void ab-initio deserves to be quashed. Ground No. 2 :- Under the facts and circumstances of the case and in law, the Learned CIT(A) has erred in passing the ex-parte order without giving the adequate opportunity of hearing and without serving any notice for hearing to the assessee as appeal was filed manually and PAN of the assessee was not registered on ITBA portal. In this regard it is submitted that as the assessee was not having any taxable income. Therefore, he was not filing his return of income. Hence he was not registered on ITBA portal. The appeal before the Learned CIT(A) was filed manually in form no. 35. Copy of form no. 35 is available on paper book page no. 1 to 3. The Learned CIT(A) has not issued any notice for hearing of appeal to the assessee. The notices were issued on portal only. The assessee has register....
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....Limited for the period 01.04.2010 to 31.03.2011 where the transactions are reflected. Copy of ledger account along with contract note are available on paper book page no. 8 to 10. Therefore, it is clear from the above facts and circumstances, the addition made by the Learned Assessing Officer is not justified. Your honour is requested to delete the addition made by the Learned Assessing Officer and confirmed by the Learned CIT(A). Ground No. 5 :- The appellant craves leave of this tribunal to add to, alter delete and or amend all or any of the grounds of the appeal. Not pressed. Your Honor is requested to decide the appeal in favour of the assessee by considering the above submission and oblige." 6. To support the contention so raised in the written submission reliance was placed on the following evidence / records: Sr. No. Particular Page no. 1. Copy of form no. 35 1-3 2. Copy of confirmation of Smt. Renu Agarwal 4 3. Copy of bank statement of Smt. Renu Agarwal reflecting the payment made 5-6 4. Copy of bank account of the assessee jointly with Satish Agarwal and Manoj Kumar 7 5. Copy of ledger account along with contract note with broker M/s Anand Rath....