9911796707
TMI Blog2023 (2) TMI 528X X X X Extracts X X X X X X X X Extracts X X X X ..... refore, it cannot be inferred that no notice was served upon the assessee. Revenue has also placed on record the dispatch register of the notice. Therefore, there is no infirmity into the action of the AO in reopening of the assessment. Grounds 2 3 according stand rejected. Deposits in bank acoount - CIT(Appeals) has failed to advert to the objection of the assessee. On the other hand before the authorities below the assessee has categorically stated that amount was out of the funds received from mother and father. The bank statement of father is placed on record which suggest cash withdrawal of Rs. 25,00,000/- and the amount of Rs. 82,00,000/- was deposited in the bank account of the assessee. Therefore, considering the evidences pl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bank statement) determining the turnover of appellant which also includes capital receipts of Rs 8200000/- and Rs 1720000/- cash withdrawal from same bank before deposited the amount into bank. 5. That on the facts and circumstances of the case, the Ld CIT (A) has erred in law and on facts confirming the order of the Ld AO without considering the submissions/documents submitted by the appellant during the appeal proceedings. The Ld CIT(A) is not justified in confirming the order of the Id Ld AO whereas the appellant has rebutted the remand report of Ld AO on facts. That the appellant hereby requests to accept the appeal, quash the orders of lower authorities and oblige. 2. The facts giving rise to the present appeal are th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... supported the orders of the authorities below. He further placed on record the comments of the AO regarding issuance of notice In continuation of the same it is submitted that, the proceedings in the case of the assessee were reopened u/s 147/148 after recording reasons in writing and obtaining the prior approval of the competent authority. The notice u/s 148 of the Act in the said case of the assessee was issued to the assessee on 16.03.2016. The notice was also dispatched to the assessee through DAK on the address Shri Jai Bhagwan S/o Shri Ram Dhari, Village-Sandal Kalan, Distt-Sonepat, Haryana. No notice in the case of the assessee issued to the assessee on the above mentioned address has been returned back to this office by the pos ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the notice. Therefore, considering the totality of the facts, I am of the considered view that there is no infirmity into the action of the AO in reopening of the assessment. Grounds 2 3 according stand rejected. 7. Ground no. 4 is against sustaining the impugned action of the AO, treating the bank deposits as the business receipts of the assessee. Learned counsel for the assessee has stated that before the authorities below the assessee had furnished the evidence regarding source of deposit of the amount. It was contended that amount of Rs. 17,20,000/- was the cash deposited out of the withdrawal made in the bank account. It was further contended that a sum of Rs. 82,00,000/- was out of the sale consideration of the amount received ..... X X X X Extracts X X X X X X X X Extracts X X X X
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