2025 (11) TMI 1245

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....f an order passed by the Assessing Officer dated 09/12/2019 u/s 143(3) r.w.s147 of the Income Tax Act, 1961. 2. Although, this appeal filed by the Assessee, for Assessment Year 2011-12, contains multiple ground of appeals. However, at the time of hearing, I have carefully perused all the grounds raised by the Assessee. I find that most of the grounds raised by the Assessee, are either academic in nature or contentious in nature. However, to meet the end of justice, I confine myself to the core of the controversy and main grievances of the Assessee. Therefore, the solitary grievance of the assessee in this appeal is that on the basis of the facts and circumstances of the case, the learned Commissioner of Income Tax (Appeals) and Income Ta....

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....ash of Rs. 13,71,365/- in the bank account no. 314002010108823 maintained with Union Bank of India, Porbandar however, assessee has not filed his return of income within the time frame as provided under the provision of section 139(1) of the I.T. Act. Therefore, assessing officer initiated assessment proceedings u/s 147 of the I.T. Act and issued notice u/s 148 of the I.T. Act on 27.03.2019, which was served on the assessee. However, assessee did not file return of income within the time provided in the notice u/s 148 of the I.T. Act. Subsequently assessing officer vide letter dated 12.07.2019 reminded the assessee to file return in response to notice issued u/s 148 of the I.T. Act. However, assessee submitted reply before the assessing off....

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....rgeable to tax. The assessing officer passed the order by making addition under section 69A of the Act, without bringing any contrary evidence or conducting independent verification of the names, addresses and contact details of customers already furnished by the assessee, during the assessment proceedings. The learned Counsel also stated that the assessee had already shown gross business receipts of Rs. 16,50,675/- in the return filed under section 148, as per section 44AD of the Act and paid the taxes thereon. Therefore, the assessing officer erred in passing the order without giving credit for the income amounting to Rs. 2,72,140/- which was already declared by the assessee in the return filed under section 148 of the Act. The income was....