9911796707
TMI Blog2018 (3) TMI 1180X X X X Extracts X X X X X X X X Extracts X X X X ..... 6 are directed against the order of the Commissioner of Income Tax (Appeals)-I, Indore, dated 29.3.2016 which are arising out of the order u/s 144/147 of the Act framed by the ITO, Ward 2(5), Indore, on 26.3.2014. ITA No. 783/Ind/2016 and ITA No. 1020/Ind/2016 are directed against the order of the Commissioner of Income Tax (Appeals)-I, Indore, dated 31.3.2016 which arise out of the order u/s 271)1)(c) of the Act framed on 11.9.2014 by the ITO 2(5), Indore. 2. During the course of hearing, none appeared on behalf of the assessee. As informed by the registry the assessee has been communicated for date of hearing by registered AD as well as notice has been served through learned DR but the assessee has remained non-compliant. As the case has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h account payee cheque or cash. A show cause notice was sent to the assessee calling for details of bank passbook, ownership of other agricultural land, copy of Rin Pustika, statement of affairs and other source of income but the assessee did not reply to the show cause notice and the learned Assessing Officer had no option except to go ahead with passing an ex-parte assessment, making addition of Rs. 1,72,00,000/- u/s 68 of the Act. In the case of the assessee's mother, the learned Assessing Officer made an addition of Rs. 40 lacs u/s 68 of the Act. Aggrieved, both the assessees preferred appeals before the Commissioner of Income Tax (Appeals) and succeeded. Subsequent to the passing of the assessment order the Assessing Officer also initi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sh credit even though the assessee did not explain proper source of the same, nor was any documentary evidence filed regarding availability of cash with the assessee. Thus, the amount remained undisclosed income in the hands of the assessee u/s 68 of the IT Act. (ii) Whether in the facts and in the circumstances of the case, the ld. CIT(A) erred in allowing the appeal of the assessee by passing his order even before the submission of the remand report. ITA No. 783/Ind/2016 Smt.Rukmabai Bunglewala (i) Whether in the facts and in the circumstances of the case, the ld. CIT(A) erred in law in deleting the penalty of Rs. 12,50,000/- imposed by the A.O. u/s 271(1)(c) of the Act for concealing of the tax raised on account of illegal cash c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... given to the assessee to remain compliant on the date of hearing. 8. We have heard the learned DR and perused the record placed before us. In these four appeals two relate to quantum addition and the remaining two relates to penalty imposed on the additions made by the Assessing Officer. The Commissioner of Income Tax (Appeals) has given relief to the assessee deleting the substantial portion of quantum addition as well as penalty u/s 271(1)(c) of the Act. 9. We find that the assessee did not cooperate during the course of assessment proceedings as well as the penalty proceedings and further the Commissioner of Income Tax (Appeals) overlooked the fact that remand report was very crucial in the present cases and the assessee did not file r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ned land was owned by Ramprasad or it was an ancestral property. It also needs to be examined that the income is to be assessed under which the assessee i.e. legal heir of Ramprasad or HUF of Ramprasad or the assessee Mr. Mahesh along with his mother. 11. We, therefore, in the given facts and circumstances of the case as well as in the interest of justice and in view of our above observation, are of the considered view that all the issues raised in these four appeal relating to quantum as well as penalty imposed u/s 271(12)(c) of the Act needs to be set aside to the file of the Assessing Officer for de novo assessment and we further direct the assessee to remain compliant with the notices of hearing and should not take unnecessary adjournm ..... X X X X Extracts X X X X X X X X Extracts X X X X
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