SHRI RAKESH MADHUBHAI KANPARIYA,PREMPARA, DHARI, AMRELI-365640 vs. THE ITO, WARD-3 (1) (4), AMRELI, AMRELI

The instant appeal at the instance of the assessee is directed against the order dated 29.07.2022 passed under Section 250 of the Income Tax (Shri Rakesh Madhubhai Kanpariya vs. ITO) A. Y. 2017-18 - 2- Act, 1961 (hereinafter referred as to ‘the Act’) by the National Faceless Appeal Centre, Delhi (hereinafter referred to as ‘NFAC’), arising out of the order dated 05.12.2019 passed by the Learned ITO, Ward-3(1)(4), Rajkot under Section 144 of the Act for Assessment Year 2017-18.

No-one appeared on behalf of the assessee at the time of call, neither any adjournment has been sought for.

There is a delay of 36 days in preferring the appeal before us. In support of such condonation of delay, an application has also been filed by the appellant. In fact, the appellant was in search of Chartered Accountant for filing the appeal before us. As the plea taken in the said application seems to be genuine, the delay is condoned.

We have heard the Ld. DR and also perused the relevant materials available on record including the orders passed by the authorities below. Upon going through the records, it appears that the case relates to deposit of substantial cash in the bank account during demonetization period where no return has been filed by the assessee for such A.Y. 2017-18 during the period commencing from 9th November, 2016 to 30th December, 2016. The assessee deposited cash of Rs.10,49,500/- in the bank account. The assessee was issued with the notice dated 08.03.2018 under Section 142(1) of the Act to prepare a true and correct return of income for A.Y. 2017-18. The assessee failed to file the return of income under Section 139 of the Act on or before 31.12.2018 neither filed the return in response to the said (Shri Rakesh Madhubhai Kanpariya vs. ITO) A. Y. 2017-18 - 3- notice under Section 142(1) of the Act dated 08.03.2018 and therefore, the source of such cash deposit made in old currency remained unexplained. The Ld. AO ultimately issued notice under Section 131(1A) of the Act dated 08.07.2019 whereupon the assessee personally attended. As he has not filed the return of income for the relevant assessment year, he was directed to file the return of income for the year under consideration and to explain the sources of income. However, as no explanation was ultimately filed by the assessee in respect of the nature and source of cash deposit, the same remained unexplained money, under Section 69A of the Act addition to the tune of Rs.10,49,500/- was made by the Ld. AO.

Being aggrieved by and / or dissatisfied with the said order, the assessee filed an appeal before the First Appellate Authority and during the appellate proceeding, notices were served upon the assessee fixing the date for submission of assessee’s case. Out of such five occasions, no submissions were made by the assessee; in two occasions, adjournments were sought for. Having no other alternative, the Ld. CIT(A) proceeded to finalize the issue. As nothing was furnished to substantiate the claim of the assessee or to explain the genuineness of such deposit by furnishing cogent evidence on the part of the appellant, the addition made by the Ld. AO stood confirmed. Even before us, no submission has been filed, neither any adjournment has been sought for. In the absence of any assistance rendered by the assessee in support of his case sought to be made out in the appeal by way of the ground of appeal, we do not find any reason to interfere with the order passed by the authorities below which seems to be a reasoned one (Shri Rakesh Madhubhai Kanpariya vs. ITO) A. Y. 2017-18 - 4- and having no other alternative, we confirm the said impugned order of addition.

In the result, assessee’s appeal is dismissed.