RAKESHBHAI BAVALBHAI JADAV,VIRAMGAM, AHMEDABAD vs. ITO, WARD 3(2)(1), AHMEDABAD, INCOME TAX OFFICE, VEJALPUR

PER DR. B.R.R. KUMAR, VICE-PRESIDENT:- Delay Condoned

This appeal is filed by the Assessee against the appellate order dated 17.02.2025 passed by the Commissioner of Income Tax (Appeals)/National Faceless Appeal Centre, Delhi, relating to the Assessment Year 2017-18.

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Ground No.1 That the Ld. CIT(A)/National Faceless Appeal Centre, Delhi has erred in law and facts by not quashing the assessment order passed under section 144 of the Income Tax Act and further erred in law and facts by not discussing the submission, during the proceeding before him and therefore the order passed by the learned Ld. AO is to be quashed or in the interest of justice the matter is to be set aside to the file of AO. Ground No.2 That the Ld. CIT(A), National Faceless Appeal Centre, Delhi, has erred in law and facts by confirming the addition of Rs. 37,28,499/-(Rs 30,000/- in Account No.SB/011002156 with the Corporation Bank, Jasalpur, Rs. 33,17,000/- in the account no. CCK/01/150278 with the Corporation Bank, Jasalpur and Rs. 1,04,450/- in the account no. 30204536763 the State Bank of India, Viramgam Branch, Ahemdabad and Rs.2,77,049/-) as unexplained money under section 69A of the Act as its source has been explained and therefore, the Ld.AO is to be directed to delete the said while computing the total income. Ground No.3 Without prejudice to above, that income tax, on the above addition under section 69A, tax has been computed under section 115BBE of the Act and the same is bad in law and therefore it should be taxed at normal tax rate and accordingly the learned AO should be directed.

Ground No.4 That your appellant craves a leave to add, alter or amend any grounds at or before the time of hearing.

ITA No.851/Ahd/2026 Asst. Year : 2017-18 - 3– 3. The brief facts of the case are that the assessee is an individual deriving income from his partnership firm, M/s. Rajaxmi Automobiles, engaged in the business of sale of tractors, and also from agricultural operations. The assessee did not file his return of income for the year under consideration. During the course of assessment proceedings, the Assessing Officer received information that the assessee had deposited substantial amounts of cash in his bank accounts during the demonetisation period, i.e., from 09.11.2016 to 30.12.2016, despite not having filed the return of income for Assessment Year 2017-18. The information available with the Assessing Officer revealed that the assessee had deposited cash of Rs.30,000/- in Savings Bank Account No. 011002156 maintained with Corporation Bank, Jasalpur, Rs.33,17,000/- in Current Account No. CCK/01/150278 maintained with Corporation Bank, Jasalpur, and Rs.1,04,450/- in Savings Bank Account No. 30204536763 maintained with State Bank of India, Viramgam Branch, Ahmedabad, during the demonetisation period. Thus, the total cash deposited during the said period amounted to Rs.34,51,450/-. Apart from the cash deposits, the bank accounts also reflected credits of Rs.2,77,049/- by way of transfer entries and Rs.987/- towards interest, aggregating to total credits of Rs.37,28,499/- during the relevant previous year. During the course of assessment proceedings, the Assessing Officer made independent enquiries with the respective banks, and the information received confirmed the aforesaid transactions. Notices issued to the assessee remained uncomplied with, and no return of income was filed for the relevant assessment year. The assessee also failed to furnish any explanation or documentary evidence in support of the cash deposits and other credits

ITA No.851/Ahd/2026 Asst. Year : 2017-18 - 4– reflected in the bank accounts. In view of the non-compliance by the assessee, the Assessing Officer completed the assessment under section 144 of the Income-tax Act, 1961. Since the assessee failed to explain the nature and source of the cash deposits and other credits, the Assessing Officer treated the aggregate amount of Rs.37,28,499/- as unexplained money under section 69A of the Act and added the same to the total income of the assessee.

ITA No.851/Ahd/2026 Asst. Year : 2017-18 - 5– deem it appropriate to remand the matter to the file of the Assessing Officer for conducting the assessment de novo. However, when queried as to how the assessee would like to compensate the wastage of time and efforts of the Revenue Authorities, it was submitted that the assessee would like to voluntarily pay an amount of Rs.1000/- to “Prime Minister’s National Relief Fund”. The receipt of the same shall be submitted before the Jurisdictional Assessing Officer, who shall take it on record before passing the order giving effect to this order of the Tribunal. The assessee is directed to submit all relevant bank statements, documents and explanations before the Assessing Officer and to strictly comply with the notices issued by the revenue authorities without seeking any unnecessary adjournments.

The order is pronounced in the open Court on 07.08.2026. S/- Sd/- Sd/- (RAHUL CHAUDHARY) (DR. B.R.R. KUMAR) JUDICIAL MEMBER VICE-PRESIDENT (True Copy) Ahmedabad; Dated 07.08.2026 MV

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आदेश की �ितिलिप अ�ेिषत/Copy of the Order forwarded to : 1. अपीलाथ� / The Appellant 2. ��थ� / The Respondent. 3. संबंिधत आयकर आयु� / Concerned CIT 4. आयकर आयु�(अपील) / The CIT(A)- 5. िवभागीय �ितिनिध, आयकर अपीलीय अिधकरण, अहमदाबाद / DR, ITAT, Ahmedabad 6. गाड� फाईल / Guard file. आदेशानुसार/ BY ORDER, True Copy

सहायक पंजीकार (Dy./Asstt. Registrar) आयकर अपीलीय अिधकरण, अहमदाबाद / ITAT, Ahmedabad