TaxTMI 
TaxTMI 
2024 (5) TMI 1646
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.... the same as the addition is contrary to facts, law and legislative intent, hence, it is prayed that the addition of Rs. 11,31,000/- confirmed by the Learned CIT (Appeal) may kindly be deleted. 2. Without prejudice to the above, alternatively, it is submitted that the Learned CIT (Appeal), NFAC, Delhi has erred in passing the order without confronting the assessee with the copy of remand report submitted by the Learned A.O and without providing the assessee opportunity to file rejoinder on the remand report, therefore, the order has been passed violating the principles of natural justice and therefore liable to be set aside. 3. The Appellant craves leave to add, amend, alter vary and /or withdraw any or all the above grounds of appeal." 2. Succinctly stated, the A.O initiated proceedings in the case of the assessee u/s. 147 of the Act. Notice u/s. 148 of the Act dated 26.03.2018 was issued to the assessee. In compliance, the assessee filed his return of income for A.Y. 2011-12 on 15.10.2018 declaring an income of Rs. 1,29,839/-. 3. During the course of the assessment proceedings, it was observed by the A.O that the assessee had made cash deposits of Rs. 11,3....
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....sioned for the reason that the order of the CIT(Appeals) was dropped in the email account of his previous counsel, Shri Shyamsundar Mishra, CA, i.e. [email protected]. Also, carrying his contention further, the Ld. AR had drawn my attention to the assessee's "affidavit" dated 13th April, 2024. The Ld. AR submitted that his earlier counsel, Shri Shyam Sundar Mishra, CA had failed to intimate the assessee about dismissal of the appeal by the CIT(Appeals). It was further submitted by him that the assessee had learnt about the dismissal of his appeal only on 24.12.2023, i.e. after engaging new counsel who had logged into the e-filing portal and intimated him the aforesaid factual position. It was submitted by the Ld. AR that as the delay involved in filing of the present appeal had occasioned due to bonafide reasons, therefore, the same in all fairness be condoned. 8. Per contra, the Ld. Departmental Representative (for short 'DR') vehemently objected to the seeking of the condonation of the delay by the assessee. It was submitted by the Ld. DR that as the delay involved in filing of the present appeal is inordinate and without any justifiable reason, thus, th....
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.... explanation as regards the source of the aforesaid cash deposits, the AO reopened his case under Section 147 of the Act. During the course of the assessment proceedings, though the AO had issued several notices to the assessee but he did not comply with the same. Accordingly, the AO vide his order passed under Section 144 read with Section 147 of the Act dated 16.12.2018, determined the income of the assessee at Rs. 34,67,700/- after treating the entire amount of cash deposits of Rs. 34,67,700/- as the assessee's unexplained money under Section 69A of the Act. The assessee carried the matter in appeal before the CIT(Appeals) but without success. As the assessee had failed to participate in the course of the proceedings before the CIT(Appeals), therefore, he dismissed the appeal of the assessee after considering material available on record. 11. Though the AO had provided sufficient opportunities to the assessee to represent his case, it was the assessee who, for reasons best known to him, despite being well informed about the ongoing assessment proceedings, had not only failed to file his return of income but had also evaded his participation in the said proceedings. ....
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....om the application filed by the assessee seeking condonation of the delay involved in filing the appeal. The facts that can be gathered from the aforesaid application of the assessee are, viz. (i) the assessment order was passed by the A.O on 16.12.2018 and was issued on 29.12.2018 without any reasons for keeping the same with him; (ii) reasons recorded under Section 148(2) of the Act were not supplied to the assessee by the A.O; and (iii) appeal of the assessee was dismissed by the CIT(Appeals) vide an exparte order dated 29.03.2023 etc. 13. Under section 69A of the Act, what is provided is that if an assessee is found to be the owner of any money, jewellery or any other valuable articles and such money is not recorded in the books of account and fails to offer any explanation about the nature and source thereof or in case any such explanation, if offered, is not satisfactory in the opinion of the AO, then it may be deemed to be the income of the assessee for such financial year. Ultimately, therefore, it would be dependent on the nature of the explanation submitted by the assessee and the satisfaction of the AO about the acceptability thereof, which is the sine qua non f....