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TMI Blog2021 (7) TMI 270X X X X Extracts X X X X X X X X Extracts X X X X ..... from his bank account. In the present case, it is not brought on record as to what were the contents of the bank statement furnished by the assessee and it is not clear as to whether there were sufficient withdrawals to justify the deposit in the bank account of the assessee. We therefore deem it appropriate to set aside this case back to the file of the A.O. to be adjudicated afresh - Appeal of the assessee is allowed for statistical purposes. - ITA No. 44/Chd/2020 - - - Dated:- 29-6-2021 - N. K. Saini , Vice President And R. L. Negi , Member ( J ) For the Appellant : B.K. Nohria , CA For the Respondents : Meenakshi Vohra n b, Addl. CIT ORDER N. K. Saini, Vice President This is an appeal filed by the Assessee agai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .s 148 of the Income Tax Act, 1961 (hereinafter referred to as 'Act'). The A.O. mentioned in para 2.2 of the impugned order that the notice under section 142(1) was served upon the assessee through affixture on 15/11/2017 requiring him to show cause on or before 21/11/2017 as to why the assessment may not be completed under section 144 of the Act by making an addition of ₹ 13,50,000/- which was the cash deposited in the bank account. Since nobody appeared before the A.O. and no return was furnished in response to notice under section 148 of the Act, the A.O. made the addition of ₹ 13,50,500/- in the hands of the assessee. 4. Being aggrieved the assessee carried the matter to the Ld. CIT(A) and furnished an application ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... had not cooperated in the assessment proceedings deliberately. 4.1. The Ld. CIT(A) after considering the submissions of the assessee and the remand report of the A.O. admitted the additional evidences in the form of copy of bank account statement of Shri R.K. Chopra father of the assessee. The Ld. CIT(A) however sustained the addition made by the A.O. by observing in para 5.2 of the impugned order as under: 5.2 HELD: I have perused the order of the Assessing Officer and examined the reply of the assessee and assessment record. Additional evidence submitted during appellate proceedings stand admitted supra. Remand report was called for and the same was confronted to the appellant. AO during remand proceedings has issued letter to t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fore, upon' the assessee to prove the source of cash deposit which has not been proved by the assessee through any evidence or material on record during the assessment as well as appellate proceedings. Therefore, the addition made by the Assessing Officer is accordingly upheld. Ground of appeal No. 2 is dismissed. 5. Now the assessee is in appeal. 6. Ld. Counsel for the assessee reiterated the submissions made before the authorities below and further submitted that the A.O. had not given proper time to the assessee therefore the additional evidences were to be furnished before the Ld. CIT(A) under Rule 46A of the Income Tax Rules, 1962 which were although admitted by the Ld. CIT(A) but those were not appreciated in right perspect ..... X X X X Extracts X X X X X X X X Extracts X X X X
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