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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.
On the other hand, ld D.R. supported the orders of lower authorities.
On a query by the Bench that what is the evidence to show that the cash
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.