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TMI Blog2020 (9) TMI 1043X X X X Extracts X X X X X X X X Extracts X X X X ..... o the file of assessing officer to verify and examine the claim of the assessee and allow the grounds of appeal of the assessee for statistical purposes. - ITA No.884/Bang/2019 - - - Dated:- 13-8-2020 - Shri B.R. Baskaran, Accountant Member And Shri Pavan Kumar Gadale, Judicial Member For the Assessee : Shri K. Mallaha Rao, Advocate. For the Revenue : Shri Priyadarshi Misra, JCIT (D.R) ORDER PER SHRI PAVAN KUMAR GADALE, JM : The assessee has filed an appeal against the order of Commissioner of Income Tax (Appeals)-4, Bangalore passed u/s 144 r.w.s 147 and 250 of the Income Tax Act, 1961 (the Act ). 2. The assessee has raised the following grounds of appeal : 1. On the facts and circumstances of the case, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... osit out of self-drawn cash. Such details are furnished as an additional evidence of the appllant claim, and the same was not considered by the CIT(A), hence the order of the CIT(A) is liable to be set aside. 5. Without considering the fact and merit of the case the learned CIT(A) confirming the disallowances made by the assessing authority and confirming interest etc, the same is upheld by the CIT(A) is excessive, arbitrary and liable to be deleted. 6. For such other ground that may be urged at the time of hearing and it is prays that kindly may allow the appeal in the interest of justice and equity. 3. The Brief facts of the case are that, the assessee company is engaged in the business of acquisition of land, conversion, formati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ition of deposits as unexplained cash credits under Section 68 of the Act and assessed the total income of ₹ 1,23,55,792/- and passed order under Section 144 r.w.s.147 of the Act dt.26.12.2018. Aggrieved by the order, the assessee has filed an appeal with the CIT (Appeals), whereas the CIT (Appeals) considered the grounds of appeal, statement of facts, findings of the assessing officer and written submissions of the assessee found that adequate opportunities of hearing were provided by the assessing officer but the assessee company has not filed the return of income nor explanations were furnished with regard to deposits in bank account. Further assessee failed to substantiate with evidence,that the amounts deposited in the bank ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l Bank of Scotland and the assessee company has sources supporting the deposits. The LdAr emphasized that the assessee has filed an application under Rule 29 of ITAT Rules for admission of additional evidence which were not produced before the assessing officer or CIT(A) and such evidences plays a vital role in decision making and goes to roots of the case and prayed for opportunity of hearing. We found, the A O has made best judgment assessment under Section 144 r.w.s 147 of the Act as the assessee has failed to furnish the details for various reasons.The LdDR has objected for admission of evidences as the assessing officer was denied the opportunity of examining the evidences. We are of the opinion that, the Assessing Officer should be pr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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