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TMI Blog2012 (10) TMI 677X X X X Extracts X X X X X X X X Extracts X X X X ..... the file of the AO with the directions to allow another opportunity to the asssessee to explain the source of aforesaid cash , subject to payment of cost of Rs.10,000/- to the Revenue - in favour of assessee for statistical purposes. X X X X Extracts X X X X X X X X Extracts X X X X ..... ssessee appeared before the Assessing Officer[AO in short] on 5th September, 2008,when he was requested to file copy of bank statement of all accounts held by him during the previous year, statement of affairs as on 31.3.2006 and 31.3.2007 and history of the assessee along with details of his family and business & the case was adjourned to 22.09.2008. On the adjourned date, no compliance was made by the assessee. Even the subsequent notice dated 5th June, 2009 issued u/s 143(2) of the Act was returned by the postal authorities with the remarks 'premises locked'. Another notice sent on 9th October, 2009 was also returned by the 'postal authorities with the remarks ' left'. In these circumstances, the AO obtained a copy of bank statement of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cumstances, when the assessee did not appear before the ld. CIT(A) nor filed any written submissions, the ld.CIT(A) disposed of the appeal ex parte, holding as under:- "I have perused the documents on record. I shall now take up the various grounds of appeal. The only ground of appeal is in r/o an addition of Rs.11 lacs as unexplained deposit. The Assessing Officer had made the addition since no submissions were filed by the appellant in spite of various opportunities. In spite of several opportunities being given to the appellant. Since no further submissions/evidence was given before me by the appellant the addition of Rs.11 lacs made by the Assessing Officer is confirmed. The grounds of appeal are rejected." 4. The assessee is now in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he source of cash of Rs.11 lacs deposited in his savings bank account despite sufficient opportunity allowed by the AO nor submitted any explanation before the ld. CIT(A) even after seeking adjournment on 18th August, 2011. The ld. AR did not adduce any reasons before us for noncompliance of various notices issued by the AO and the ld. CIT(A) nor even placed before us any material, explaining the source of aforesaid cash of Rs.11 lacs. In these circumstances, especially when the assessee is now prepared to explain the source of cash deposited in his bank account, in the interest of justice and fair play, we vacate the findings of the ld. CIT(A) and restore the matter to the file of the AO with the directions to allow another opportunity to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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