2025 (11) TMI 730

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.... brief facts of the case are that the appellant is an individual and has not filed return of income for the assessment year under consideration under Section 139(1) of the Income Tax Act, 1961. The assessment has been reopened under Section 147 of the Income Tax Act, 1961, for the reasons recorded. As per which specific information available with the department shows that the assessee has made cash deposits of Rs. 60,04,600/- in his bank account maintained with Andhra Bank. Since the assessee has not filed the return of income, the A.O. was of the opinion that the income chargeable to tax has been escaped assessment within the meaning of Section 147 of the Income Tax Act, and accordingly notice under Section 148 of the Act, dated 21-03-2022....

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....the assessment proceedings before the A.O. was ex parte and the assessee did not get a reasonable opportunity of hearing to explain the case, passed the order setting aside the issue to the file of the A.O. with a direction to redo the assessment afresh in accordance with law after providing a reasonable opportunity of being heard to the assessee. 5. Aggrieved by the order of the Ld. CIT(A), the assessee is now in appeal before the Tribunal. 6. The learned counsel for the assessee Ms. SNSR Chinmai, referring to the grounds of appeal filed by the assessee, submitted that although the assessee has challenged the validity of the reassessment order passed by the A.O. under Section 147 r.w.s. 144 of the Act, dated 08.01.2025 in light of th....

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.... 8. We have heard both parties, perused the material on record, and had gone through the orders of the authorities below. There is no dispute with regard to the fact that the reassessment proceedings before the A.O. are ex parte because, the assessee neither filed the return of income in response to the notice issued under Section 148 of the Act nor filed any details in response to various notices issued under Section 142(1) of the Act to explain the source for cash deposits in the bank account. Since the assessment proceedings before the A.O. are ex parte, the Ld. CIT(A) has rightly set aside the assessment proceedings to the file of the A.O. with a direction to redo the assessment afresh in accordance with law after providing a reasona....