DEBENDRA KUMAR BAL,BHUBANESWAR vs. ITO, BHUBANESWAR

2 IT A No .2 7/ CT K/20 15 Asse ssme nt Ye ar :2005-06

assessee filed the return of income on 20.2.2006 showing total income of

Rs.98,480/-, which was processed u/s.143 (1) of the Act. Thereafter, the case

was reopened u/s.147 by issue of notice u/s.148 dated 26.8.2009. There

was no compliance by the assessee to the notice u/s.148. Subsequently,

notice u/s.142(1) was issued on 17.9.2010 alongwith questionnaire seeking

production of books of account and other document and served on the

assessee fixing the case for hearing on 21.10.2010. Again there was no

compliance by the assessee. On 26/30/11/2010, a letter giving final

opportunity of hearing on 6.12.2010 was issued to the assessee. In response

to this letter, the assessee appeared with a time petition seeking 90 days of

time to appear. He was intimated that this was a time barring case and is to

be completed by 31.12.2010 and therefore, he should appear/produce the

documents called for in the notice u/s.142(1) vide letter dated 9.12.2010. He

was given final opportunity to produce the documents/evidences but there

was no response. On 16.12.2010, a letter was issued to the assessee

requiring him to show cause as to why the cash deposit of Rs.14,11,990/- in

IDBI, Bhubaneswar in his saving bank account should not be treated as his

unexplained income and added back to this total income. Still there was no

response by the assessee. Accordingly, assessment was made u/s.144 of the

I.T.Act. on 30.12.2010 adding Rs.14,11,990/- as unexplained income of the

assessee and total income was determined at Rs.15,10,470/-.

4 IT A No .2 7/ CT K/20 15 Asse ssme nt Ye ar :2005-06

in SB Account maintained with IDBI Bank was out of receipts from

transportation business of the assessee and, therefore, the entire amount

cannot be treated as income of the assessee. He submitted that the assessee

has disclosed income of Rs.98,480/- as income from transportation receipts

deposited in the bank account by the assessee. Hence, he prayed that the

addition should be deleted.

deposit of Rs.14,11,990/- made in SB Account with IDBI bank during the year

under appeal are the proceeds from business of transportation of the

assessee, ld A.R. of the assessee expressed his inability to file any evidence

to show that Rs.14,11,990/- are the business receipts of the assessee out of

transportation business. I find from the orders of the lower authorities that

the addition has been made on the ground that no evidence could be produced

in support of the claim that cash deposits were made out of transportation

business receipts of the assessee in SB Account with IDBI Bank. As no such

evidence has been produced before me, I do not find any good and justifiable

reason to interfere with the order of ld CIT(A), which is hereby confirmed and

ground of appeal of the assessee is dismissed.