2026 (4) TMI 817

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.... Act was challenged and Appeal of the Assessee was dismissed. 2. Briefly stated the facts shows that the Assessee is a non filer of tax return, information is received that during demonetization period, the Assessee has made a cash deposit of Rs. 11,00,000/- in account no. 5202 with State Bank of India. Notice u/s. 142(1) was issued to the Assessee, summons u/s. 131 was also issued, further letters were also issued but no reply was received. However, on 21.09.2019, reply was received that Assessee is carrying the wholesale business dealing in food grains. He submitted a computation of total income along with the balance sheets etc., u/s. 44AD of the Act. The Ld. Assessing Officer obtained details from the bank where from information is r....

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....cleaning the almirah and trunks. With respect to Rs. 6,00,000/- as agricultural income, the Assessee submitted land holding certificate in the name of the father of the Assessee. The Ld. CIT(A) held that these are the additional documents furnished before him which were forwarded to the Ld. Assessing Officer for submitting the remand report. However, despite many reminders, the Ld. Assessing Officer did not submit any reply. Therefore, the Ld. CIT(A) perused the material available before him. The Assessee furnished certificate of land holding but did not submit the details of agricultural produce and therefore in absence of proper evidence, he confirmed the same. With respect to Rs. 5,00,000/- on account of unsecured loan, the Assessee subm....

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....- which is part of the cash withdrawn from the bank also. Such documents were shown at page no. 79 and 80 of the paper books. (ii) Regarding the agricultural income, he submitted that Assessee's father was having the agricultural land and now the Assessee is cultivating the same. He gave details of the agricultural produce at two locations Sherapura and Agasanakatte. He submitted that the 7 acre of land is at Sherapura and 9 acre of land is at Agasanakatte. He stated that at Sherapura, paddy was grown and at Agasanakatte, Maize was grown. The sale of maize is for Rs. 1,40,000/- and sale of paddy is for Rs. 4,60,000/-. He further produced the details of the agricultural crop also which is placed at page no. 117 and 118 of the pa....

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....ppellate proceedings which were sent back to the Ld. Assessing Officer for submitting the remand report. For a long period of time, the Ld. CIT(A) waited for the remand report of the Ld. Assessing Officer, but no such report was submitted. Had it upon examining the report of the Ld. Assessing Officer, where ld AO could have examined the complete details and reached at the conclusion whether the explanation given by the Assessee is correct or not. Ld. CIT(A) merely examined the evidence and rejected the same. 8. In this present case, with respect to the cash deposit in the bank account, the claim of the Assessee is that it is out of his business receipt, the agricultural income shown by him is also supported by the land holding as well as....