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TMI Blog2022 (3) TMI 24X X X X Extracts X X X X X X X X Extracts X X X X ..... esh in the light of the orders passed by him for AYs 2011-12 and 2012-13 wherein the AO has completed the assessment u/s. 147/143(3) of the Act. He shall also keep in mind the return filed by the assessee in the subsequent years which have been accepted by the AO. Appeal filed by the assessee is allowed for statistical purposes. - ITA No. 4763/Del/2018 - - - Dated:- 18-2-2022 - SHRI R. K. PANDA , ACCOUNTANT MEMBER For the Appellant : Satish Aggarwal , CA For the Respondents : Om Parkash , Sr. DR ORDER This appeal filed by the assessee is directed against the order dated 3rd May, 2018 of the CIT(A), Meerut, relating to Assessment Year 2010-11. 2. This appeal was earlier dismissed by the Tribunal for non-appearance. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Ld. AR has argued alongwith case laws that proceedings have been started in 'suspicious' and there was no reason to believe. The facts as they exist in ground show that AO on receipt of information issued a query letter to the assessee fact which is admitted by the assessee. It is also admitted that no reply was furnished in response to the query letter. It is pertinent to note that from the assessment record it becomes clear that query letter dt. 29.12.2016 issued by the AO clearly mentioned last opportunity, which implies that there were other query letters issued by the AO for verification of the impugned transactions to which the appellant did not respond. It is further noticed from the perusal of assessment record th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... videnced by frequent deposit and withdrawal. Thus there is no reason to interfere in the findings of the AO. 5. Aggrieved with such order of the CIT(A), the assessee is in appeal before the Tribunal by raising the following grounds:- 1. That notice u/s. 148 has not been served upon the assessee hence assessment proceedings are illegal and void-ab initio. 2. That on the facts and in the circumstances of the case and in law, learned CIT-A erred in not quashing the reopening action of Ld. AO whereas apparent from page 2 of impugned assessment order, it is glaring that reopening is made on mere cash deposits which is not tangible material providing 'live nexus' with income escapement on just borrowed satisfaction withou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e provisions of section 44AF were subsumed in section 44AD w.e.f. 01.04.2011 i.e., from AY 2011-12. He submitted that the assessee is trading in milk is established on record. The copies of assessment order passed subsequent to two assessment years, i.e., AYs 2011-12 and 2012-13 are placed on paper book pages 14-17 where the AO has himself assessed the income u/s. 147/143(3) of the Act. He submitted that after going through the assessment orders for the AYs 2011-12 and 2012-13, the AO reopened the case of the assessee for the impugned assessment year due to the cash deposit in the bank account. Since the cash deposit was held to be explained as the turnover of the assessee in the preceding two assessment years, therefore, he has no objectio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessee. I find, the Ld. CIT(A) sustained the addition, the reasons of which have already been reproduced in the preceding paragraph. It is the submission of the Ld. Counsel for the assessee that the assessee is a trader in milk and his returns for AYs 2011-12 and 2012-13 were accepted by the AO in the orders passed u/s. 147/143(3) wherein the AO has accepted the provisions of section 44AD in the case of the assessee. It is also his submission that in the AYs 2013-14 to 2015-16, the returns were filed by applying the provisions of section 44AD and the AO has accepted the same without disturbing the return. Considering the totality of the facts of the case and in the interest of justice, I deem it proper to restore the issue to the fil ..... X X X X Extracts X X X X X X X X Extracts X X X X
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