NILAMADHABA PETROLIUM,MAYURBHANJ vs. THE INCOME TAX OFFICER, WARD-2, BARIPADA, BARIPADA

The Ld. AR of the assessee submitted before us that the assessee’s brother was undergoing kidney transplantation and the assessee could not appear before the Assessing Officer. It was the submission before the Assessing Officer that the assessee is running a petrol pump. It was submitted that the demonetized currency deposit in the bank account of the assessee has been treated as the unexplained income of the assessee u/s. 69A of the Act. It was the submission that the assessee petrol pump was permitted to accept demonetized currency till 02.12.2016 and a perusal of the assessment order at pages 53 and 54 clearly shows that the last cash deposited in demonetized currency was on 03.12.2016 being the cash received on 02.12.2016. It was the submission that subsequently there has been no deposit of cash in the bank account of the assessee. It was a prayer that due to the treatment of the assessee’s brother, the assessee had failed to appear before the Assessing Officer and the assessee undertakes to appear before the Assessing Officer if an opportunity is given.

In reply, the Ld. Sr. DR vehemently relied on the orders of the lower authorities.

We have heard rival submissions. As it is noticed that the assessee has given reasonable cause for non-appearance before the Assessing Officer, in the interest of natural justice, the issues in this appeal is restored to the file of the Ld. Assessing Officer for examination afresh after granting the assessee reasonable opportunity to explain the cash deposited in the bank account. The assessee is also directed to appear before the Assessing Officer diligently without taking any adjournment.