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TMI Blog2019 (1) TMI 1461X X X X Extracts X X X X X X X X Extracts X X X X ..... T (A) have also not been examined by calling a remand report rather the ld. CIT (A) has dismissed the appeal on the basis of conjectures and surmises without going into the merits of the documents relied upon by the assessee. In these circumstances, we are of the considered view that to meet with the ends of justice, the assessee is required to be given adequate opportunity of being heard. - decided in favour of assessee for statistical purposes. Penalty proceedings u/s 271(1)(c) - failure of the assessee to appear and defend the penalty proceedings - Held that:- Since the assessment order framed u/s 144/147 of the Act on the basis of which penalty proceedings were initiated has been set aside to the file of AO to decide afresh after pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Tax (Appeals) has erred in sustaining the same mutatis mutandis. 2. That the L'd Lower Authorities have erred in assuming that the notice U/S 148 must have been served on the assessee despite categorical denial in this regard by the assessee. 3. That while passing the assessment order under section 147/144 , the L'd Assessing Officer has erred in not making any enquiry or collecting evidence in support of the addition made which non doing vitiates the very assessment U/S 144, especially when the assessee has categorically denied service of notices U/S 142(1). 4. That the L'd Commissioner of Income Tax ( Appeals) , has erred in not being able to appreciate the family structure and the power of purse of an il ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng Officer noticed that he has deposited a cash amount of ₹ 15,62,200/- in his bank account during the year under assessment and consequently, the case was reopened under section 147 of the Income-tax Act, 1961 (for short the Act ) by issuing notice u/s 148 of the Act on 16.03.2016. On failure of the assessee to appear before the AO, during the assessment proceedings, the AO proceeded to frame assessment ex-parte and made addition of ₹ 15,62,200/- on account of cash deposited in Syndicate Bank, Murana and ₹ 969/- being the interest credited in his account maintained with Syndicate Bank. 4. Assessee carried the matter by way of an appeal before the ld. CIT (Appeals) who has confirmed the addition by dismissing the appea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to repel the aforesaid arguments of ld. DR, the ld. AR for the assessee contended that the amount of ₹ 14,03,200/- was taken as sale consideration but the sale deed was got executed on the circle rate and Sohanbeer Singh was having bank account at Village Kinoni and the cash amount was deposited because of security reasons as it was difficult to take cash amount to a distant place at that time. 9. Contention of the assessee appears to be prima facie sustainable. Moreover, Sohanbeer Singh has filed the affidavit explaining all these facts, which is available at page 7 of the paper book, but the same has not been believed by the ld. CIT (A) nor he has preferred to get Sohanbeer Singh examined by calling a remand report. 10. Even p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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