2026 (5) TMI 1785

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....ment order dated 29.03.2022 passed u/s 147 r.w.s. 144 r.w.s. 144B of the Act pertaining to Assessment Year 2013-14. 2. Brief facts of the case are that the assessee is an individual and no return of income was filed in the year under appeal. As per information available with the AO in ITB portal, there were deposits of cash in the bank accounts of more than INR 14 crores and TDS u/s 194H of INR 49,040/- and since no return was filed therefore, the case of the assessee was re-opened u/s 147 of the Act after regarding the reasons and notice u/s 148 of the Act was issued. However, the assessee has not complied with any of the notice nor filed return of income in response to notice u/s 148 of the Act therefore, the AO has passed the re-asses....

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....al family problem, assessee has closed the business of and restarted computer repairing work at home Town Hansi during the F.Y. 2012-13. Which shows that business activities are different from preceding year. 3. That the Id. CIT(A) is failed to appreciate the fact that assessee has failed to provide any detailed report regarding cash deposit in the bank or any plausible explanation regarding transaction. 4. That the Ld. CIT(A) is failed to appreciate the facts that res judicata is not applicable in tax matters as has been already introduced earlier. The principle underlying is that no one should present same set of facts differently so as to reach different conclusions in different financial years. If the same issue is dea....

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....is not applicable to the income tax proceedings and therefore, requested for the confirmations of the orders of the AO. The claim of the assessee was that he started the business of consignment sale of 'Khal Binola' on behalf of the Khal manufacturers of Haryana to Rajasthan in the name and style of Sri Enterprises and earned commission @ 0.5% to 0.1% of such transactions. 6. It is further observed that in immediately preceding Assessment Year i.e. in AY 2012-13, the assessment was completed u/s 143(3) r.w.s. 147 dated 16.12.2019 wherein addition om account commission @ 1.0% on the gross value of transactions appearing in the bank account was made. The facts as existed in the year under appeal are identical and further claim of the asses....