MANOJ KUMAR,JAIPUR vs. INCOME TAX OFFICER WARD 5(2), JAIPUR

The Registry has noted that there is a delay of 229 days in filing the appeal. The assessee explained that the delay is due to wrong communication to the email address, therefore pleaded to condone the delay. Considering the submission of the assessee, the delay of 229 days in filing the appeal is hereby condoned.

The brief facts of the case are that the assessee is an individual and has not filed his return of income for the AY 2007-08, since it is below tax income. The assessee made cash deposit amounting to Rs. 13,36,500/- in his saving bank account maintained with Bank of Rajasthan (now ICICI Bank). Since the assessee has not filed the return of income, notice u/s. 148 of the Act dated 28.03.2013 was issued for escapement of income. The assessee did not comply to the notice as well as notices issued u/s. 142(1) of the Act. Since there was no response from the assessee, the AO added the cash deposit of Rs. 13,36,500/- as unexplained cash and added to the total income of the assessee and demanded tax thereon.

Aggrieved against the reassessment order, assessee filed appeal before Ld. CIT(A) wherein five opportunities were given from 10.02.2021 to 28.12.2023. Since the assessee did not responded, Ld. CIT(A) passed ex-parte order confirming the addition made by the AO.

Aggrieved against the same, the assessee is in appeal before us and raising the following Grounds of Appeal:-

That on the facts, and in the circumstances of the case and in law, Ld AO erred in reopening action under section 148 made in violation of mandatory jurisdictional conditions stipulated under the Act;

That on the facts and in the circumstances of the case and in law, Ld AO erred in reopening action under section 148, where reasons recorded are totally silent on

No Satisfaction Recorded:

The Learned AO has grossly erred in law and facts in issuing notice u/s 148 as the notice did not serve properly as required under law, therefore mandatory condition for reopening the assessment under section 147 has not been fulfilled hence complete assessment proceedings should be declared as null and void.

No Service of Reasons Recorded U/s 148(2): That on the facts and in the circumstances of the case the Ld. AO has grossly erred both in law and facts in making the re-assessment order without serving reasons recorded U/s 148(2) to the appellant and therefore assessment so made is without jurisdiction and deserves to be quashed.

No Proper Opportunity:

That on the facts and in the circumstances of the case the Ld. AO has grossly erred both in law and facts in levying interest U/s 234B

That the appellant reserves his right to add, amend, or alter and withdraw any grounds of appeal on or before the date of appeal hearing.

Ld. Counsel appearing for the assessee confined his arguments only to the merits of the case and not on the validity of assessment and submitted that the copy of the ICICI bank statement which clearly shows that there is an opening balance of Rs. 10,03,254/- as on 13.04.2016 whereas the assessee withdrawn Rs. 10 lakhs from this account and again redeposited in the same very account, thus, pleaded the source of fund in the bank statement is proved. The assessee could not explain the same before the AO as well as before the Ld. CIT(A) thereby pleaded to give one more opportunity of hearing to the assessee.

Per contra, Ld. Sr. DR appearing for the Revenue brought to our notice the ex-parte order passed by both the lower authorities and requested to impose heavy cost for wasting the time of the Adjudicating Authority and Appellate Authority.

We have heard the rival submissions and perused the materials placed on record including the paper book. Considering the non-

In the result, the appeal filed by the assessee is hereby allowed for statistical purposes.