TaxTMI 
TaxTMI 
TaxTMI 
2025 (2) TMI 1465
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.... ground:- "The Ld. CIT(A) erred on facts and in law in ignoring the various judicial pronouncements of High Courts and Supreme Court submitted by the appellant which showed that the AO could not have invoked the provisions of section 68 considering the facts of the appellant's case." 2. Briefly stated, facts are that the assessee had filed his return of income on 31.3.2018 declaring total income of Rs. 4,93,580/-. Subsequently, the case of the assessee was selected under CASS scrutiny to examine the issues viz. a) abnormal increase in cash deposits during demonetization period as compared to pre-demonetization period; (b) Cass pushed to ITBA AIMS portal after online verification of cash deposit during demonetization but no respo....
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....he show cause notice was received, having no other alternative but the Ld. AO considered the total amount of credit entries in his bank account in excess of sale proceeds shown in ITR as unexplained income. Accordingly, total credit entries in the bank account amounting to Rs 5,87,26,522/- during the Financial Year 2016-17 relevant to the Assessment Year 2017-18 is taken as unexplained income of the assessee under Section 69A of the Act. Further, as the assessee has not completely responded to the questionnaire issued by the Ld. Assessing Officer, therefore, the expenses claimed in the P&L account of the assessee, as per the ITR for AY 2017-18, remains unexplained. Accordingly, the total expenses, amounting to Rs. 7,61,821/- claimed in the ....
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....lication for Remand to the Assessing Officer The Appellant respectfully submits as follows: 1. Brief Facts of the Case * The appellant filed their return of income for the Assessment Year 2017-18 declaring an income of Rs. 4,93,580. * The Assessing Officer (AO) passed an order under Section 143(3) and 144 of the Income Tax Act, AY 2017-18, making certain additions. * The appellant preferred an appeal before the Commissioner of Income Tax (Appeals) and CIT(A) has passed order Under Section 250 2. Grounds of Appeal * The Assessing Officer (AO) erroneously treated total credits of Rs 5,87,26,522 in the appellant's bank accounts as unexplained income without appropriately consid....
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.... their ability. However, the AO did not seek further clarification or supporting documents, which is a procedural lapse. The CIT(A) upheld the AO's assessment without fully considering the appellant's submissions, violating the principles of natural justice. Issue AO'S Findings Appellant's Contention Total Credits represent business treated as turnover; bill discounting unexplained business; 1% commission; income withdrawals not considered. * Final Opportunity: The appellant responded to the final notice reiterating the grounds of appeal and provided additional explanations. The CIT(A) did not provide adequate opportunity for the appellant to present their case and did not fully consider the explanations pr....
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....ncome from business and under the head of income from other sources, during the F.Y. 2016-17 relevant to A.Y. 2017-18. Furthermore, in the interest of justice, equity and fair play, a final opportunity of being heard is provided to the assessee vide show cause notice dated 09.12.2019 requiring furnishing the details/documents/justifications thereof by 12.12.2019, failing which show cause was issued as to why the assessment should not be completed on best judgment as per provision of section 144 of the Act on the basis of materials available on the record. However, in response also, the assessee did not submit the details. Since no reply of the show cause notice was received, the AO has no other alternative but to consider the total amount o....