TaxTMI 
TaxTMI 
2025 (9) TMI 1818
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....ssee has raised the following grounds of appeal: "1. The assessment order passed u/s 147 read with section 144B of Income Tax Act by the Assessing Officer and confirmed by the first appellate authority u/s 250 is bad in law and deserved to be uncalled for. 2. The assessing officer as well as first appellate authority has erred in law and on facts in making and confirming respectively the cash deposits of Rs. 3,32,62,000/-. The same deserves to be deleted without prejudice to above if addition is confirmed in benefit of peak credit should be given. 3. The appellant craves to reserve his right to add, alter, amend, or delete any ground of appeal during the course of hearing." 3. The assessee has filed application....
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....- during the year, the Assessing Officer reopened the assessment under Section 147 of the Income-tax Act (Act) In response, the assessee filed a belated return on 23.04.2021 declaring an income of only Rs.2,65,000/- as "income from other sources". During the course of re-assessment proceedings, the assessee submitted that he was engaged in the Aangadia (courier and informal money transfer) business, earning about 0.1% commission on funds transferred on behalf of clients. The assessee submitted that the cash deposits in his Co-operative Bank account were not his own money but belonged to various clients, and that records were not maintained since such transactions were carried out informally and details were destroyed once completed. He also....
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....n the contentions of this appeal but to no avail as the appellant has remained not forthcoming and has not responded on the ITBA portal. 3.2 The aforesaid mentioned circumstances show that the appellant is not interested in pursuing its appeal and has no documentary evidence in support of the grounds of appeal filed by the appellant. The maxim 'vigilantibus non-dormientibus jura subvenunt' i.e. the law assists those who are vigilant and not those who sleep over their right, is applicable in this case. 3.3 The Hon'ble ITAT in ITA No. 1025-1027/CHD/2005 for the AY 2002-03 in the case of M/s Chhabra Land & Housing Ltd. after following the decision of Hon'ble Supreme Court in the case of B.N. Bhattacharjee& other 118 I....
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....e Assessing Officer and Ld. CIT(Appeals) in their respective orders. 7. We have heard the rival contentions and perused the material on record. We observe that in the instant case, order was passed by CIT(Appeals) on ex-parte basis without giving an opportunity of hearing to the assessee to present the case on merits. We note that on similar facts, Ahmedabad ITAT in the case of Naravatsinh Jagatsinh Chauhan in ITA No.1253, 1254 and 1255/Ahd/2024 vide orders dated 09/05/2025, restored the matter to the file of the Assessing Officer foe de-novo consideration. In this case the ITAT considered appeals against ex-parte assessment and penalty orders passed under sections 147 r.w.s. 144 and 271(1)(c) of the Act. The assessee in that case was an....