HARI OM RASTOGI,FATEHPUR vs. ACIT (CENTRAL CIRCLE) ALLAHABAD, ALLAHABAD

The facts of the case, in brief, are that a search & seizure operation under section 132 of the Act was conducted on 2nd July, 2018 at various premises and bank lockers of Hari Om Rastogi Group. The name of the assessee Shri Hariom Rastogi also appeared in the warrant of authorization and Panchnama in respect of such search. For the assessment year 2015- 2016, the assessee filed return of income u/s 139 of the Act on 29/03/2016 declaring total income of Rs.3,97,110/-. The Assessing Officer completed the assessment at total income of Rs.7,47,110/- by making addition of Rs.3,50,000/-. Aggrieved the assessee carried the matter in appeal before the learned CIT(A). The learned CIT(A), during the appellate proceedings, issued various notices but assessee failed to submit any written submissions. Ultimately, the learned CIT(A) passed ex-parte order and dismissed the appeal of the assessee. Now the assessee is in appeal before the Income Tax Appellate Tribunal. For assessment year 2018-19, the assessee filed return of income u/s 139(1) of the Act on 31/10/2018 declaring total income of Rs.8,76,220/- which was subsequently revised u/s 139(5) of the Act on 05/12/2018 declaring total income of Rs.8,76,220/-. After centralization of the case, notice under section 153A of the Act was issued by the Assessing Officer on 10/07/2019. In response, the assessee filed his return of income on 27/07/2019. However, the assessee failed to e- verify the return within the due date. Therefore, the said return was treated as ‘invalid’. Notice u/s 142(1) of the Act along with detailed questionnaire was issued by the Assessing Officer on 19/10/2020 and 19/01/2021. Since there was no valid return, the assessment was completed by the Assessing Officer u/s 144 of the Act and the total income was assessed at Rs.13,76,217/- and addition of Rs.5,00,000/- was made as unexplained investment u/s 69 of the Act. The assessee filed appeal before the learned , 21 & 22/Alld/2025 3 CIT(A, who dismissed the appeal of the assessee. Now the assessee is in appeal before the Income Tax Appellate Tribunal. The assessee has challenged the addition of Rs.5,00,000/- made by the Assessing Officer and confirmed by learned CIT(A) on the basis of D.V.O. report, which according to the assessee is not correct and more so D.V.O. report liable to be discarded. For assessment year 2019-20, the assessee filed return of income u/s 139 of the Act on 31/10/2019 declaring total income of Rs.1,74,980/-. The assessee submitted a revised return on 01/02/2020 declaring total income of Rs.8,61,960/-. The Assessing Officer completed the assessment and assessed the total income of the assessee at Rs.44,43,537/- by making additions under various heads. The assessee filed appeal before the learned CIT(A) who dismissed the appeal of the assessee for non-prosecution. Now the assessee is in appeal before the Income Tax Appellate Tribunal.