TaxTMI 
TaxTMI 
TaxTMI 
2025 (2) TMI 1611
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.... on following effective grounds: 1. That the order of the NFAC/Ld.CIT(A) is bad and erroneous in law and against the principles of natural justice and equity and therefore the assessment order deserves to be quashed. 2. That on the facts & circumstances of this present case as well as law on the subject. the NFAC/Ld.CIT(A) has erred in passing of Ex-Parte order without giving proper opportunity of being heard to the Appellant. 3. That on the facts and in the circumstances of the case as well as law on the subject, the NFAC/Ld.CIT(A) has erred in confirming the action of Assessing Officer in making addition of Rs. 7,60,800/- u/s 69 of the Act on account of unexplained investment which was not pertained to the appel....
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....s that (i) the delay in filing present appeal before ITAT was due to his inability to take up assessee's matter in time in spite of multiple reminders by assessee, (ii) that he was not able to focus on his professional duties due to his father's illness who was suffering from Vericon disease and had to be admitted in hospital at Mumbai and there were back-to-back travels for check-ups, follow-ups, etc. and even his father could not survive despite all care and treatment and ultimately expired also, and (iii) that his inability should not cause hardship to assessee. Ld. AR thus submitted that that the delay is attributable solely to counsel and there is no role of assessee. He submitted that the assessee has entrusted work of filing appeal t....
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....ing. 3. The background facts leading to present appeal are such that the assessee-individual filed return declaring a Gross Total Income of Rs. 2,97,706/-, Deduction of Rs. 45,271/- under Chapter VI-A and Total Income of Rs. 2,52,440/-. The case was selected for scrutiny assessment and the AO issued notices u/s 143(2)/142(1) which were partly complied. Ultimately, the AO passed assessment-order after making three additions/ disallowances, namely (i) addition of Rs. 7,60,800/- on account of unexplained investment in a property situated at Gram - Bawadia Laka, Patwari Halka No. 42, Tahsil Hujur, Bhopal; (ii) addition of Rs. 4,46,000/- on account of unexplained deposit in a bank a/c; and (iii) disallowance of deduction of Rs. 45,271/- under....
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..... Then, the AO called information directly from the office of sub-registrar and from examination of one purchase-deed, the AO observed that the assessee purchased a property situated at Gram-Bawadia Kala, Patwari Halka No. 42, Tahsil Hujur, Bhopal, from Shri Dwarka Prasad Khandelwal, measuring 0.150 hectare during the financial year 2009-10 relevant to AY 2010-11 and the total investment was Rs. 7,60,800/- on account of purchase consideration, stamp duty, registration fee, etc. The AO issued notice dated 04.03.2013 to assessee to explain this purchase transaction but finding no further response from assessee, treated the same as unexplained and made addition. During first-appeal, the CIT(A) upheld AO's order. 7. Apropos to this issue, Ld....
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....nd did not make any addition while completing her assessment through aforesaid assessment-order dated 27.11.2017. Therefore, it is clearly established that the impugned property belonged to assessee's wife and the investment therein was also made by assessee's wife. Therefore, the AO has wrongly made addition in the hands of assessee. Ld. DR for revenue, although dutifully relied upon AO's order, but could not controvert these facts successfully demonstrated by Ld. DR. After due consideration, we find that the AO has himself noted that in reply dated 09.01.2013, the assessee stated that he had not purchased any property. However, the AO made addition on the basis of purchase-deed received directly by him from the office of sub-registrar. Bu....
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....arried us to a copy of Establishment Registration Certificate dated 26.04.2008 issued by Municipal Corporation of Bhopal filed at Page 38 of Paper-Book to show the existence of assessee's business. Then, Ld. AR carried us to the copy of Computation of Total Income of assessee at Page No. 6-8 of Paper-Book to show that the assessee declared business income of Rs. 2,63,456/-. He submitted that this income is declared by assessee u/s 44AD on business turnover of Rs. 5,60,000/-. Finally, he carried us to the pass-book of impugned bank a/c at Page 40 of Paper-Book to show that the assessee deposited a cash sum of Rs. 4,60,000/- on 09.11.2009 (the AO has wrongly mentioned and added Rs. 4,46,000/- in assessment-order). Having shown these documents....