TaxTMI 
TaxTMI 
2026 (7) TMI 1573
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....ice that there is delay of 52 days in filing the present appeal. He submitted that the delay has occurred due to genuine and unavoidable circumstances beyond the control of the assessee, mainly on account of serious illness of assessee coupled with advanced age. He submitted that the assessee is a senior citizen aged about 78 years and was suffering from serious health problems. He submitted that the assessee was under continuous medical treatment from 21.12.2025 to 20.02.2026, as certified by the treating doctor, and was advised complete rest. He further submitted that during the said period, the assessee was physically weak and mentally disturbed and was not in a position to attend to any legal, professional, or administrative work and du....
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....sessment order wherein it was noticed that name of the assessee appeared and the assessee has provided Rs. 16,28,700/- in unaccounted cash for project 'Metro City Commercial 2' at Lucknow. Accordingly, notice u/s. 148 of the Income-tax Act, 1961 (for short 'the Act') dated 29.03.2024 was issued. In compliance to the aforesaid notice, assessee has not filed her return of income u/s. 148 of the Act. Further, notices u/s. 142(1) of the Act were issued directing the assessee to explain the source of the cash payment of Rs. 16,28,700/-. In response, assessee filed a copy of bank statement but did not comment on the issue of unaccounted cash payment. Thus, AO observed that assessee has not offered any explanation to the said cash payment. 6. F....
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.... Estate Sector wherein payments are made to the seller of the immovable property in advance and in instalments. Accordingly, he observed that the assessee failed to prove the source of above cash payments of Rs. 16,28,700/- made during the year under consideration for investment in immovable property and the same is squarely covered u/s. 69 of the Act and accordingly, an addition of Rs. 16,28,700/- is made to the income of the assessee u/s. 69 of the Act. 8. Aggrieved with the above order, assessee preferred an appeal before the ld. CIT (A) and raised various grounds, one of the grounds is not providing opportunity of being heard and cross examination not allowed to the assessee. Ld. CIT (A) after going through the detailed submissions o....
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....he possession or control of the assessee, and no evidence of withdrawal, movement or actual payment of cash has been brought on record by the Revenue. 13. Further he submitted that the ld. CIT(A) erred in disregarding the written confirmation issued by Omaxe Group categorically stating that no cash payment was received from the assessee and that only Rs. 9,89,450/- was received through regular banking channels. He submitted that reliance placed upon statements recorded of employees of Omaxe Group, without granting the assessee an effective opportunity to cross-examine such persons, is in violation of principles of natural justice and contrary to judicial precedents including: (i) Kunal Ragahubir Bhandari vs. ITO (ITAT Mumbai) and (ii) DC....
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....HUF (supra) and relevant findings of the said decision are as under :- "2. It emerges that pursuant to receipt of certain information that the assessee paid cash of Rs. 8 Lacs to M/s Omaxe Ltd. in lieu of purchase of shop besides making payment through banking channels, the case of the assessee was reopened and notice u/s. 148 was issued on 15-03-2024. The said information stem from search action by the department on Omaxe group and statement recorded from officers of that concern u/s. 132(4) of the Act. It transpired that the assessee purchased a shop from Omaxe group in its project situated at Mullanpur. In reply to show-cause notices of Ld. AO, the assessee contended that all the payments were made through banking channels and d....
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.... duly been furnished to Ld. AO. No opportunity of cross-examination has ever been provided to the assessee which is in violation of principle of natural justice. In my considered opinion, the onus was on Ld. AO to prove with cogent evidence that cash was exchanged in the transaction. The assessee has furnished all the documentary evidences as available with him to support the contention that all the payments were made through banking channels only. The confirmation of payment has duly been furnished by the assessee from M/s Omaxe Ltd. which is kept on Page No. 30 of the paper book. The payments are duly supported by bank statements and the same are reflecting in Form No. 26AS of the assessee. The assessee has filed affidavit to the effect t....