AZIMULLAH RAZAMIYA SHAIKH,AHMEDNAGAR vs. THE INCOME TAX OFFICER, WARD-2, AHMEDNAGAR

This is an appeal filed by the assessee directed against the order of the National Faceless Appeal Centre, Delhi [‘NFAC’] dated 30.05.2023 for the assessment year 2013-14.

Briefly, the facts of the case are that the appellant is an individual. No regular Return of Income was filed by the assessee for the assessment year 2013-14. The Assessing Officer on receipt of the information from the Director of Income Tax (Intelligence & Criminal Investigation), Nashik that the appellant was a member of co-operative society, namely, Niyojit United Co-operative Housing Society which, in turn, purchased a property for a consideration of Rs.3,45,00,000/-, in which the appellant had invested a sum of Rs.6,00,000/- in cash, issued a notice u/s 148 of the Income Tax Act, 1961 (‘the Act’) on 30.03.2020. In response to the notice u/s 148, the appellant neither filed the return of income nor responded to the notices issued u/s 142(1) of the Act. In the circumstances, the Assessing Officer completed the assessment ex-parte vide order dated 26.09.2021 treating source of investments of Rs.6,00,000/- in cash as unexplained and added the same to the total income of the assessee u/s 69 of the Act.

Being aggrieved by the above addition, an appeal was filed before the NFAC contending that the investments of Rs.6,00,000/- was made out of share of the agricultural income from HUF. The appellant also filed supporting documents in respect of the agricultural land holdings and agricultural income etc. The NFAC rejected the additional evidence filed before him in the absence of any formal application for admission of such additional evidence in terms of Rule 46A of the Income Tax Rules, 1962 (‘the Rules’).

Being aggrieved, the appellant is in appeal before this Tribunal in the present appeal.