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TMI Blog2021 (7) TMI 1174X X X X Extracts X X X X X X X X Extracts X X X X ..... fore the ld. CIT(A). To explain the query raised by the Assessing Officer in his remand report and to furnish further evidences required by the Assessing Officer in the remand report, the assessee has asked additional time from the ld. CIT(A). On perusal of the order of the ld. CIT(A) and material on record it is discerned that no specific opportunity was communicated to the assessee in order to make compliance with the further information and evidences sought by the Assessing Officer in the remand report. In light of the above fact and circumstances it would serve the end of justice if an opportunity is provided to the assessee to furnish the additional information and evidences as required by the AO in the remand report. Thus we se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es. Therefore, Assessing Officer has issued show cause notice u/s. 271(1)(b) on 1st December, 2017 for levying penalty of not making compliance with the notice issued. However, the assessee has not made any compliance therefore the Assessing Officer has levied penalty u/s. 271(1)(b) on 18th December, 2017 for not making compliance with the notices. In view of not making compliances, the Assessing Officer has finalized the assessment u/s. 144 of the Act. The Assessing Officer stated that as per the AIR information the assessee has deposited cash of ₹ 14,43,000/- in the saving bank account maintained with Kurkarwada Nagrik Sahakari Bank Ltd. Statement of bank account was obtained by issuing of the letter u/s. 133(6) of the Act from ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cases, less than ₹ 1,00,000/- on a single date. The appellant had also another bank account with State Bank of India of Vijapur Branch wherein also cash has been deposited on various dates but all were for the amounts of less than ₹ 1,00,000/- or can be said of nominal amounts. In support of the contentions, the appellant as filed the details of holding of agricultural land at village Ladol, Tal, Vijapur. The appellant has filed the copies of profit loss account and the balancesheets and also the copies of accounts of the agricultural produce(Potato) purchased from S/Shri Hardev Singh Sangha and Bhupender Singh Sangha. As per the profit loss account, total sales of ₹ 19,42,095/- have been credited as against the purch ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... addresses of the selling parties, details of expenses so incurred. He has reported the huge stock of potato/potato seeds but did not claim any rent on account of godown etc. and ownership of such godown which ought to have been reflected in the balance-sheet. Thus, considering all these defects and lacuna, it is held that the books of accounts were prepared after receipt of the assessment order and without any supporting evidences. The appellant did not file the copy of cash book and also has failed to explain the sources of such cash with copies of sales bills, even at the appellate stage. Vide submission dated 21.06.2019, the A.R. of the appellant has sought time till the first week of August, 2019. This time is also lapsed. From the reco ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s raised in the remand report. On other hand, the ld. Departmental Representative has submitted that in spite of giving a number of opportunities the assessee has failed to make the required compliance and he placed reliance on the order of ld. CIT(A). 6. Heard both the sides and perused the material on record. As per AIR information the assessee had maintained saving bank account with Kurkarwada Nagrik Sahakari Bank Ltd. where cash of ₹ 14,43,500/- was deposited. During the course of assessment, the assessee has failed to make compliance to the notices issued by the Assessing Officer. Therefore, the Assessing Officer has obtained the bank statement of the saving bank account of the assessee from the bank and noticed cash of S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... CIT(A) has stated in his appellate order that even after gap of one month the assessee has not clarified the points raised by the Assessing Officer. On perusal of the order of the ld. CIT(A) and material on record it is discerned that no specific opportunity was communicated to the assessee in order to make compliance with the further information and evidences sought by the Assessing Officer in the remand report. In light of the above fact and circumstances it would serve the end of justice if an opportunity is provided to the assessee to furnish the additional information and evidences as required by the Assessing Officer in the remand report. Normally, whenever any irregularity crept in the proceedings then after removing the irregul ..... X X X X Extracts X X X X X X X X Extracts X X X X
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