2025 (12) TMI 161

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....sing out of the assessment order dated 23.03.2022 passed u/s 147 r.w.s. 144B of the Act pertaining to Assessment Year 2015-16. 2. Brief facts of the case are that the assessee is a Doctor by profession and during the year under appeal, has deposited cash in bank account however, no return of income was filed. Thereafter, the assessee suo-motto filed self-declaration letter dated 31.12.2019 alongwith belated manually return of income wherein total income was declared and due taxes were paid. Based on the said selfdeclaration, proceedings u/s 148 of the Act were initiated and in response to notice u/s 148 dated 16.03.2021, the assessee has filed the return of income, declaring total income at INR 43,30,370/- on 23.03.2021. Thereafter, duri....

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....ess a particular item under different provision of the Act what the Assessing Officer had done without giving a specific notice to the assessee regarding such action. 4. On the peculiar facts of the case and in law, the addition of Rs. 879000/- is liable to be deleted." 4. Before us, Ld.AR for the assessee submits that the cash was deposited by wife of the assessee who was taking classical singing classes and the fees was received in cash which stood deposited in the joint bank account. It is further submitted by Ld.AR that the cash deposited was utilized by Smt. Deepa De for making payment for the booking of a flat owned by her. Thus, there is a direct nexus between the cash deposited and utilization thereof. He further submits....

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.... books of accounts of the assessee. The assessee also failed to file the details of the students to whom his wife Smt. Deepa De was giving coaching of singing classes nor any evidences for such income was filed. He, therefore, prayed for the confirmation of the addition made by the lower authorities. 6. Heard the contentions of both the parties and perused the material available on records. From the perusal of the assessment order and the appellate order, we find that the assessee suo-motto filed return of income though belatedly wherein he had declared income of INR 43,30,370/- and paid due taxes. It is only after the information received from the assessee with respect to such income, the case of the assessee was re-opened in terms of t....