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TMI Blog2023 (4) TMI 127X X X X Extracts X X X X X X X X Extracts X X X X ..... ng to this effect, which have been reproduced by us hereinabove. Even before the Tribunal, after filing appeal, assessee has not come forward to attend in response to any of the notices nor filed any submissions. Therefore, it is clear that the assessee except coming forward to file appeals before the appropriate authorities, is not interested in following up with its matter. Therefore, the order of the ld.CIT(A) upholding the addition calls for no interference. Thus, grounds of appeal raised by the assessee are accordingly rejected. - ITA No.19/RJT/2020 - - - Dated:- 18-1-2023 - Smt.Annapurna Gupta, Accountant Member And Shri T.R. Senthil Kumar, Judicial Member For the Assessee : None For the Revenue : Shri K.L. Soanki, ld ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as facts in confirming the Addition made by Ld. Assessing officer on account of Cash Deposits and other than cash deposits. 5. The Honorable CIT(A) has erred in law as well as facts in not deleting the addition of Cash Deposits Of Rs. 16,84,000/-. 6. The Honorable CIT(A) has erred in law as well as facts in not deleting the addition of other than Cash Deposits Of Rs.2,69,079/-. 7. The Honorable CIT(A) has erred in law and in fact in not considering the documents and arguments put forward by Assessee during the course of hearing at assessment level and CIT(A) level. 8. The Assessee craves to add, alter and change any of the above grounds of Appeal. 4. The solitary issue raised by the assessee in the appeal is that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on-compliance from the assessee's side, it will be presumed that the assessee has nothing to offer any explanation. As the assessment proceedings is getting barred by limitation and the assessee did not comply of any of notices issued to him, the undersigned left with no other alternate but to finalize the assessment exparte within the meaning of provisions of section 144 of the IT.Act on the basis of material available on record. 3.3 It is a fact that the assessee has deposited an amounting to Rs. 16,84,000/- by cash and Rs. 2,69,079/- was credited other than cash in his bank account maintained with State Bank of India, Vagadia Branch. This fact was never denied by the assessee. It is also fact that the assessee has failed to just ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the alleged amount of Rs.19,53,079/- is to treated as deemed income and taxed within the meaning of provisions of section 69A of the I.T.Act. 6. Thereafter, assessee preferred appeal before the ld.CIT(A) challenging order of the AO. Before the CIT(A) also, the conduct of the assessee was the same; neither assessee nor his authorized representative participated in the appellate proceedings and filed any explanation or details about the source of impugned cash deposits in the Bank. Looking to the non-compliant attitude of the assessee, both during the assessment and appellate proceedings, and non-compliance of various statutory notices, the ld.CIT(A) confirmed the finding of the AO in treating the impugned deposits as deemed income and ta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the same pertained to some other individual named Pravin Kumar and had nothing to do with the instant appellate proceedings. . . 5.3 Based on the theory of preponderance of probability in civil mattes, deposition of cash itself puts strict onus on the appellant to explain the source of such sums found credited in his bank account. 5.4. On careful consideration of the entire facts, it is found that the appellant has failed to justify the source of such deposits and the Appellant has failed to adduce any proof in this regard. He has failed to discharging the onus casted upon him in terms of section 69A. Therefore, this ground of appeal is dismissed. 7. Aggrieved, the assessee is now in appeal before the Tribunal. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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