9911796707
TMI Blog2014 (4) TMI 961X X X X Extracts X X X X X X X X Extracts X X X X ..... s u/s 68 of the Income Tax Act, on the basis of additional evidences filed by the assessee. 3. On the facts and circumstances of the case the Ld. CIT(A) has erred in deleting the disallowance of deduction u/s 80C of Rs.1,00,000/- on the basis of additional evidences filed by the assessee. 2. The facts are that the assessee filed return of income for the A.Y 2008-09 on 31/7/2008 disclosing income of Rs.5,09,682/-. The case was selected for scrutiny by issue of notice u/s 143(2) dated 4/8/2009. The assessee failed to comply with the said notice and with subsequent notices issued u/s 143(2) and 142(1). The Assessing Officer proceeded to frame the assessment u/s 144 on the basis of the material on record. The Assessing Officer had received AI ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n vacated and changed; that the assessee, being alone in India and his family being resident in Canada, was mainly residing with his nephew, Shri Sunil Batra, who was the owner of the address provided in the return of income and at which address, notices u/s 142(2) of the Act for A. Y 2011-12, etc., were still being received; that no notice of hearing was ever received either by the assessee, or by any of the members residing at the given address, or at the old address, i.e, 204, Ansal Tower, 38, Nehru Place, New Delhi, 110019, at which address, the assessment order was passed; that the assessee came to know about the ex-parte assessment and its proceedings after more than two months, i.e, in the month of March, 2011, when the bank account ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gainst the transaction from time to time through cheques and in cash; that the detail of the payments of the additions and confirmation thereof by the partners of M/s Grover Developers and the detail of cash paid during F.Y 2007-08, along with PANs of the buyers, was in the additional evidence filed. It was stated that the involved cash deposits in the bank account represented the stated cash receipts. The assessee filed photocopy of the relevant bank statement along with explanation, as follows:- 8. Considering that the notices Under Sections 143(2) & 142(1) of the Act were never received by the assessee and also taking into consideration the material relevance of the additional evidence filed by the assessee, the Ld. CIT(A) forwarded the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... advance on sale of land. 9. In his rejoinder to the AO's remand report, the assessee reiterated his stand of not having received any notice qua the assessment proceedings. On the merits of the additional evidence, he stated that the certificate of Diwan Singh, filed by the assessee before the CIT(A), made it clear that Shri Diwan Singh was the father of Shri Surender Singh Grover, and Jaswinder Kaur Grover was wife of Shri Surender Singh; that in this certificate, both Surender Singh Grover and Jaswinder Kaur Grover, partners of Grower Developers, had confirmed that they had paid cash advance of Rs.20,50,000/- to the assessee through Shri Diwan Singh in F.Y 2007-08; that this certificate had been duly executed by both of them before a not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8H, which has been found to be as per the confirmation filed by the payees/buyers. The confirmation from the partners of Grover Developers , which confirmation was notarized and was on stamp paper, showed that the assessee had been paid Rs.10 lac and Rs.5lac by cheque on 6/7/2007 & 7/1/08, respectively. The assessee was found to have received cash of Rs.20,50,000/- through Shri Diwan Singh, father of Shri Surender Singh Grover, partner of M/s Grover Developers. The cash flow statement showed withdrawal of cash of Rs.14 lacs on various dates and re-deposit of Rs.10 lacs. As per the cash flow statement, the deposits in the bank tallied with the cash advance received by the assessee from the buyers. 11. It was after having duly taken into con ..... X X X X Extracts X X X X X X X X Extracts X X X X
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