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TMI Blog2023 (2) TMI 710X X X X Extracts X X X X X X X X Extracts X X X X ..... KUL BHARAT, JUDICIAL MEMBER For the Appellant : None For the Respondent : Ms. Maimun Alam, Sr.DR ORDER PER KUL BHARAT , JM : The present appeal filed by the assessee for the assessment year 2011- 12 is directed against the order of Ld. CIT(A), Faridabad dated 27.11.2019. The assessee has raised following grounds of appeal:- 1. Because the action is under challenge on facts law since the findings recorded qua appeal dismissal of appeal is in violation to the principles of natural substantial justice for a decision in accordance with law. 2. Because the action is under challenge on facts law for making addition of Rs. 19,00,000/- as unexplained cash deposited u/s 68 on the basis of assessment order u/s 143(3)/147 of the Income Tax Act for the AY 2011-12. 3. Because the action is under challenge on facts law since CIT(A) has no power to go beyond the matter arising out of the proceedings before the AO more particularly when the separate provisions for eventuality are provided under the Income-tax Act, 1961. 4. Because the action for enhancement of addition of Rs. 19,00,000/- is being challenged on facts and law as none specif ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y in filing the appeal by the assessee. She submitted that the assessee has been negligent throughout and did not avail opportunities granted by the Assessing Authority. Even before this Tribunal also, the assessee did not approach on time. Therefore, she prayed that the appeal be dismissed on account of limitation. 5. I have heard Ld. Sr. DR and perused the material available on record. Considering the fact that the whole country has witnessed the unprecedented spread of Covid-19 pandemic therefore, I condone the delay in filing the appeal by the assessee and the appeal is admitted for hearing. 6. The effective Ground Nos. 1 to 5 raised by the assessee in this appeal against the sustaining of addition of Rs.19,00,000/- and Ground No.6 raised by the assessee is against the validity of re-opening of the assessment. 7. Facts giving rise to the present appeal are that the assessee filed his return of income of Rs.1,82,680/-. The return was processed u/s 143(1) of the Income Tax Act, 1961 ( the Act ). The Assessing Officer ( AO ) was having AIR information regarding the deposit of cash by the assessee in his saving bank account maintained with Bank of Baroda of Rs.26,87,000/-. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... been executed on 15.02.2011 in which the sale consideration has been mentioned at Rs.9,50,000/-. Further, it has been certified by the joint registration authority, Palwal that amount of Rs.9,50,000/- in cash has been exchanged between the purchaser and seller in front of him on 15.02.2011. Thus, the explanation furnished by the appellant that he had received cash of Rs. 11 lacs from his wife on 25.01.2011 has been found manipulated and against the facts. Further, the appellant has furnished a receipt from Shri Ved Ram Sharma in which it has been stated that he had paid Rs. 10 lacs to the appellant on 24.10.2010 for the fabrication of truck bodies on his behalf. It is, however, noted that the said receipt could not be substantiated as the appellant had failed to furnish copy of any invoice in respect of such fabrication work, and particulars of the vehicle for which such fabrication was made were not made available. The whole explanation has been found without any corroborating and verifiable evidence. It is relevant to note that the explanation furnished regarding the source of cash deposits in the assessment proceedings and appellate proceedings has been found contradictory to ea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and material available on record have been gone through. It is noted that the appellant had maintained a saving bank account with Bank of Baroda in which there were cash deposits of Rs.22,87,000/- during the year under consideration. The AO required the appellant to explain source of such cash deposits vide letter dated 06.03.2018 u/s 133(6), which remained uncomplied with. Thus, in the absence of compliance of letter sent by the AO u/s 133(6), the source and nature of such cash deposits in the said bank account remained unexplained. Such unexplained cash deposits were thus in the nature of income of the appellant. Such income had not been disclosed in the return of income filed u/s 139 of the Act. The AO after considering the above information and facts of the case recorded reasons to believe u/s 147 of the Act. 15. It is noted from the record that the AO in this case has recorded detailed reasons u/s 147 of the Act by inferring that the income chargeable to tax has escaped assessment. The AO has gone through the return of income furnished by the appellant u/s 139 of the Act and considered the particulars of the income as reflected in the return of income in the light of above obs ..... X X X X Extracts X X X X X X X X Extracts X X X X
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