TaxTMI 
TaxTMI 
2026 (5) TMI 463
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.... 25.09.2025, which in turn arises out of an assessment order passed by the Assessing Officer (AO) u/s. 143(3) of the Act, on 05.12.2019. 2. The assessee has raised the following grounds of appeal: "1. The order passed by the Ld. Addl./JCIT(A), Faridabad (hereinafter referred to as ld. CIT(A), u/s 250 of the Income-tax Act, 1961 is bad in law, erroneous on facts, contrary to evidence on record, based on surmises and conjectures, and therefore liable to be quashed 2. The Ld. CIT(A) erred in confirming the addition of Rs. 6,80,000/-, u/s 69A on account of cash deposits made during the demonetization period, without appreciating that the appellant had fully explained the source of cash by way of opening cash balance, agricu....
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....missions supported by documentary evidence filed by the appellant, and in passing a nonspeaking and cryptic order, thereby violating the principles of natural justice. 8. Without prejudice to the above, the addition sustained is highly excessive, unreasonable and not in accordance with the preponderance of probabilities and deserves to be deleted or substantially reduced. 3. The appeal filed by the assessee for Assessment Year 2017-18, is barred by limitation by 47 days. The assessee has moved a petition requesting the Bench to condone the delay. Learned Counsel for the assessee submitted that assessee was feeling severe illness, therefore, such delay has resulted which may be condoned, in the interest of justice. On the other h....
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.... final opportunity to assessee and issued Show Cause Notice dated 16/10/2019 which was duly served upon assessee. The relevant portion of Show Cause Notice is mentioned as under: "Kindly refer to the above and assessment proceeding in your case for A.Y. 2017-18. 2. During the course of assessment proceeding, detailed questionnaire vide notice u/s 142(1) of the Act dated 01.08.2019 was issued in your case, however you have failed to provide the details by schedule date. Subsequently in your case, reminder in form of notice u/s 142(1) of the Act was issued dated 19.9.2019 by which you were once again requested to submit details asked vide questionnaire dated 01.08.2019, however again nothing was submitted by schedule date. I....
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.... the basis of the material available on records and merits of the case. Please note that, under no circumstances further adjournment application will be entertained and in case of non-compliance of these notices, assessment will be finalized ex parte. 6. In response to the above said Show Cause Notice, the assessee complied with the Show Cause Notice and filed reply before the assessing officer, on dated 29/11/2019. The gist of reply submitted by the assessee was produced by the assessing officer, in the assessment order. The assessee has submitted that he is not maintaining books of accounts, however given reply that he has claimed vide his above mentioned cash flow statement that the Cash deposit in SDN during demonetization period of ....
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....er provided the benefit of having cash of Rs. 4,70,000/- in cash prior to demonetization and over and above the amount deposited during demonetization period of Rs. 6,80,000/- (Rs.11,50,000-Rs.4,70,000) was treated as unaccounted money of the assessee within the meaning of section 69A of the Act. 8. Aggrieved by the order of the assessing officer, the assessee carried the matter in appeal before the Ld. CIT(A), who has confirmed the action of the assessing officer, therefore, the assessee is in further appeal before this Tribunal. 9. Shri Samir Bhuptani, Learned Counsel for the assessee, argued that the assessee has submitted all possible evidences in support of his claim before the assessing officer such as, books of account, cash fl....
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....ten submission along with documentary evidences. The assessee submitted the cash flow statement, bank statement and the clarification regarding source of cash deposit from agricultural activity during the financial years 2015-16 and 2016-17. The assessee also submitted the documents pertaining to land holding and I note that the assessee is owner of 28 bighas of agricultural land and such land is utilized for growing the commercial crops. The assessee also submitted the books of accounts, cash flow statement, details of the cash deposited in the bank account, the proof relating to opening cash in hand on 01.04.2016, cash withdrawn from the bank, salary income, and past savings. These evidences have not been considered by the assessing offic....