2025 (11) TMI 1608

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....s. 147 of the Income-tax Act, 1961 (hereinafter referred to as "the Act") dated 30.11.2018 by the Assessing Officer, DCIT, Circle-16 (2), New Delhi (hereinafter referred to as "ld. AO"). 2. At the outset, we find there is delay in filing of appeal by the assessee before us by 473 days. The assessee in the condonation petition had stated that the ld CIT(A) had granted time to the assessee for filing written submission upto 14.08.2023, but proceeded to pass the appellate order on 10.08.2023 itself dismissing the case of the assessee. The assessee preferred a rectification application u/s 154 of the Act before the ld CIT(A) and was waiting for the disposal of the said rectification application, which caused the delay in filing of appeal bef....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....cannot be ascertained. 2. As per the Individual Transaction Statement information available on Actionable Information Management system of the ITD, downloaded from AST, it has been found that the assessee has deposited cash of Rs. 36,00,000/- in saving bank account maintained with Gurugaon Gramin Bank during Financial Year 2010-11 relevant to Assessment Year 2011-12 3. The data available with ITD system was analyzed in this case and on analyzing the data, it has transpired that the source of cash deposit in the bank account remains unsubstantiated especially in absence of return of income for the year under consideration. 4. To bring the above information available with department to the knowledge of assessee, a q....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....r consideration is deemed to be a case where income chargeable to tax has escaped assessment. 7. Keeping in view the statutory provisions, legal principles and factual matrix that the assessee has not filed any ITR for the year under consideration, the source of cash deposit remained unexplained. Therefore, I have reason to believe that the income to the extent of Rs. 36,00,000/- chargeable to tax, has escaped assessment for the assessment year 2011-12 within the meaning of section 147 of the Income Tax Act, 1961. In order to assess the above income or any other income which comes to my notice subsequently in the course of assessment proceedings u/s 147, 1 proceed to Initiate proceedings u/s 147 of the LT. Act, 1961 in the case for....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e Act. This approval was held by the Hon'ble Jurisdictional High court to be a mechanical approval. The relevant observation of the Hon'ble Jurisdictional High Court in this regard are reproduced herein:- "11. Section 151 of the Act clearly stipulates that the CIT (A), who is the competent authority to authorize the reassessment notice, has to apply his mind and form an opinion. The mere appending of the expression 'approved' says nothing. It is not as if the CIT (A) has to record elaborate reasons for agreeing with the noting put up. At the same time, satisfaction has to be recorded of the given case which can be reflected in the briefest possible manner. In the present case, the exercise appears to have been ritualistic a....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....oval of the Pr. Commissioner of Income Tax. 1. obtaining the approval of the Pr. Name and Address of the Assessee : TRIBHUVAN S/O UTTAM, MAJRIDUDA, SANGWARI, REWARI 2. PAN 3. Status Individual 4. District/ Circle/ Range : Ward-3, Rewari 5. Assessment Year In respect of which it is proposed 2011-12 6. The quantum of income, which has escaped assessment. : Rs. 36,00,000/- 7. Whether the provision of sec-147(a) or 147(b) are applicable or both the section are applicable. : U/s 147 of the Income Tax Act. 8. Whether the assessment is proposed to be made for the first time. If the reply is in affirmative please state. Whether any voluntary return had already been filed and If so, the date of filling the said return. : Y....