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Income Tax Appellate Tribunal, SMC BENCH, PUNE
Before: SHRI R.S. SYAL
This appeal by the assessee arises out of the ex parte order dated 09-10-2023 passed by the ld. CIT(A) in National Faceless Appeal Centre (NFAC), Delhi u/s.250 of the Income-tax Act, 1961 (hereinafter also called ‘the Act’) in relation to the assessment year 2017-18.
The only issue raised in this appeal is against the confirmation of addition of Rs.14,42,000/- made by the Assessing Officer (AO) u/s.69A of the Act towards cash deposit in bank accounts.
Briefly stated, the facts of the case are that the assessee retired from Maharashtra State Electricity Board on 31-08-2003, where he was working as an Establishment Officer. During the demonetization period relevant to the assessment year under consideration, the assessee made certain cash deposits totaling to Rs.14,42,000/- in six accounts maintained in banks and cooperative societies. On being called upon to explain the source of deposit, the assessee submitted the same to be arising from his retirement benefits. Not convinced, the AO refused to accept the same because there was a difference of approximately thirteen years in the receipt of retirement benefits and the alleged deposits in the bank account. In the first appeal, the assessee remained absent, which led to the passing of the ex parte order.
I have heard the ld. DR and perused the relevant material on record. There is no appearance from the side of assessee despite notice. I am, therefore, proceeding to dispose of the appeal on merits ex parte qua the assessee.
Admittedly, the assessee deposited cash of Rs.14,42,000/- in his bank account in the previous year relevant to the assessment year under consideration. However, the source of the same was not properly explained. The assessee retired more than a decade ago.
Ground of appeal states that the assessee deposited the cash out of his retirement benefits and also certain agricultural income. In view of the fact that the ld. CIT(A) has passed the ex parte order, in these peculiar facts and circumstances, I am of the considered opinion that the interest of justice would be served if the impugned order is set aside and the matter is remitted to the file of ld. CIT(A) for passing the order afresh after allowing reasonable opportunity of hearing to the assessee. I order accordingly.
In the result, the appeal is allowed for statistical purposes.
Order pronounced in the Open Court on 20th December, 2023.