INDERJEET,PALWAL vs. INCOME TAX OFFICER WARD 1(3), FARIDABAD

This appeal by the assessee is directed against an ex-parte order of the Commissioner of Income Tax (Appeals), National Faceless Appeal Centre [in short 'the CIT(A)’] dated 31.01.2024, for Assessment Year 2012-13.

A perusal of assessment order dated 09.12.2019 passed u/s. 144 r.w.s 147 of the Income Tax Act, 1961 (hereinafter referred as to ‘the Act’) would show that the assessment for AY 2012-13 in the case of assesse was reopened on the basis of AIR information that the assessee had deposited an amount of Rs. 45,99,500/- cash in his bank account with State Bank of Patiala. Notice u/s. 148 of the Act dated 31.03.2019 was issued to the assessee. In response to the said notice the assessee filed return of income on 29.06.2019 declaring income of Rs. 1,22,000/-. Thereafter, notice u/s. 142(1) was issued to the assessee on 10.05.2019, 28.05.2019 and 14.10.2019. However, there was no response by the assessee in respect of said notices. The Assessing Officer (AO) completed the assessment invoking provisions of section 144 of the Act making the addition of Rs. 45,99,500/-. Against the said assessment order, the assessee carried the issue in appeal before the CIT(A). The CIT(A) issued notice of hearing to the assessee on three occasions i.e. on 25.01.2023, 23.10.2023 & 04.01.2024. The assessee failed to respond to any of the aforesaid notices, therefore the CIT(A) dismissed appeal of the assessee and upheld the addition made in assessment order. Hence, the present by assessee.

Ms. Shivani Bansal, representing the department vehemently defending the impugned order and assessment order prayed for dismissing appeal of the assessee. The ld. DR submits that sufficient opportunity was given to the assessee by the AO and the CIT(A). The assessee deliberately stayed away from the proceedings and did not offer any explanation for cash deposit in his bank account.