VALKUNDE ANIL BALBHIM,SANGLI vs. INCOME-TAX OFFICER, (CBI), KOLHAPUR

This appeal by the assessee arises out of the ex parte order passed by the CIT(A)-1, Kolhapur on 09-01-2020 in relation to the assessment year 2005-06.

Briefly stated, the facts of the case are that, as per the AIR information, the AO found that the assessee made cash deposits in his savings bank amounting to Rs.10,02,155/-. On being called upon to prove the source of the deposits, the assessee remained unrepresented before the AO. Considering the material on record, the AO made addition for this sum as unexplained cash deposit by means of an order passed u/s.144 of the Act. The ld. CIT(A) confirmed the addition albeit u/s.69 as against 68 invoked by the AO by means of an ex parte order. Aggrieved thereby, the assessee has come up in appeal before the Tribunal.

We have heard the ld. DR and perused the relevant material on record. It is seen that the AO made the addition of Rs.10,02,155/- towards cash deposits made by the assessee in the bank account u/s.144 of the Act. The ld. first appellate authority also dismissed the appeal ex parte qua the assessee. The assessee is aggrieved by the impugned ex parte order and challenged the said order vide his grounds of appeal. In view of the foregoing facts, we consider it appropriate to set aside the impugned order and remit the matter to the file of the AO for reframing the assessment afresh as per law after allowing reasonable opportunity of hearing to the assessee. We order accordingly. Needless to say, the assessee will be at liberty to lead any fresh evidence to support his point of view in the fresh assessment.

In the result, the appeal is allowed for statistical purposes. Order pronounced in the Open Court on 08th June, 2022.