VIVEKANAND,NOIDA GBN vs. INCOME TAX OFFICER WARD 3(4) NOIDA, NOIDA GAUTOM BUDDH NAGAR

This appeal is preferred by the Assessee against the order dated 11.02.2025 of the Commissioner of Income-tax (Appeals), NFAC, Delhi (hereinafter referred to as the ld. First Appellate Authority or ‘the Ld. FAA’ for short) in Appeal No.NFAC/2017-18/10274820 arising out of the appeal before it against the order dated 24.02.2023 passed u/s 147 R.W.S. 144B of the Income Tax Act, 1961 (hereinafter referred as ‘the Act’) by the ITO, Ward-3(4), Noida (hereinafter referred to as the Ld. AO).

On hearing both the sides, we find that amongst other grounds on merits, the assessee has raised a ground that the assessee was not given an opportunity of hearing in accordance with the principles of natural justice. On going through the records, we find that the assessee’s case was reopened u/s 148 of the Act on the basis of cash deposits of Rs.90,000/- and cash withdrawals of Rs.1,97,09,500/- from Allahabad Bank and having received commission on brokerage of Rs.1,61,480/- from M/s Vakrangee Limited. However, the assessee failed to respond to the notices and assessment was completed u/s 147 r.w.s. 144 of the Act and as the assessee approached the ld.CIT(A), the appeal was also dismissed in the absence of any submissions from the assessee. The case of the assessee is that the assessee is an agent and on account of his principle he used to receive cash which was deposited or withdrawn. The ld. AR has submitted that the assessee was not aware of the notices being received on ITBA portal and for that reason, could not defend the case.