2023 (6) TMI 1128 - AT - Income Tax

Addition on account of cash deposit in the bank account - income from undisclosed sources u/s 69 - HELD THAT - As the assessee who has failed to appear before the A.O. after filing the present Appeal has not appeared even single occasion and produced any document to refute the findings of the CIT(A). The assessee has failed to give any explanation regarding cash found to be credited in the bank accounts of the Assessee, further we do not find any infirmity in the addition made by the A.O. which has been sustained by the CIT(A). Thus, we find no merit in grounds of appeal of the assessee accordingly, the Ground No. 1 to 9 of the assessee are dismissed.

Issues Involved:
1. Confirmation of the assessment order.
2. Liability to be assessed at a higher total income.
3. Non-deletion of the assessment order due to lack of jurisdiction and non-service of mandatory notices.
4. Legality of the ex-parte assessment order u/s 144.
5. Addition of cash deposits as income from undisclosed sources u/s 69.
6. Charging of interest u/s 234A, 234B, and 234C.

Summary:

1. Confirmation of the Assessment Order:
The assessee contested the CIT(A)'s confirmation of the assessment order dated 29.11.2016 for the assessment year 2014-15, which assessed the total income at Rs. 75,12,930/- against the returned income of Rs. 5,45,930/-. The Tribunal found no merit in the grounds of appeal raised by the assessee.

2. Liability to be Assessed at Higher Total Income:
The Tribunal upheld the addition of Rs. 69,67,000/- u/s 69 of the Income Tax Act, 1961, as the assessee failed to provide satisfactory evidence regarding the source of cash deposits in her bank accounts. The CIT(A) noted that the assessee did not furnish adequate details or documentary evidence to support her claims.

3. Non-deletion of Assessment Order Due to Lack of Jurisdiction and Non-service of Notices:
The Tribunal dismissed the assessee's claim regarding non-service of notices u/s 143(2) and 142(1) of the Act. The CIT(A) found that the notices were properly served, and the assessee's appearance before the AO through her son indicated receipt of the notices.

4. Legality of the Ex-parte Assessment Order u/s 144:
The Tribunal upheld the ex-parte assessment order u/s 144, as the assessee did not respond to the AO's questionnaire or provide the required material evidence. The CIT(A) noted that the assessee was given multiple opportunities to present her case but failed to do so.

5. Addition of Cash Deposits as Income from Undisclosed Sources u/s 69:
The Tribunal found no infirmity in the addition of Rs. 69,67,000/- as income from undisclosed sources u/s 69. The CIT(A) observed that the assessee could not explain the source of cash deposits and failed to provide any corroborative evidence. The CIT(A) also considered the applicability of Section 68 of the Act for unexplained cash credits.

6. Charging of Interest u/s 234A, 234B, and 234C:
The Tribunal upheld the charging of interest u/s 234A, 234B, and 234C as consequential to the additions made to the assessee's income. The CIT(A) found the interest charges to be correctly applied.

Conclusion:
The Tribunal dismissed the appeal filed by the assessee, finding no merit in the grounds raised. The assessment order was confirmed, and the additions made by the AO were upheld. The order was pronounced in the open court on 23/06/2023.

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