9911796707
TMI Blog2023 (6) TMI 223X X X X Extracts X X X X X X X X Extracts X X X X ..... uing mandatory notice under Section 143(2) of the Income Tax Act. Thus, the order passed in response to that is entirely void and deserves to be deleted. 2. The Ld. CIT(A) has erred in facts as well as in law in upholding the addition made by Ld. DCIT of Rs.6,00,000/- of cash especially when it belong to the assessee and is duly recorded in the books. 3. The Ld. CIT(A) has erred in facts as well as in law in upholding the order passed by Ld. DCIT when the order has been made without complying with the condition of section 147 of the Act. 4. The assessee prays before your good honour grant any other relief that your good honour may grant considering the facts of the case." 3. The return of income was filed on 13.07.2013 declaring ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... firm has transported the cash for which income have been earned and, therefore, the assessee was given show cause notice dated 21.08.2015 in the form of letter as to why cash seized amounting to Rs.6,00,000/- should not be added to the total income of the assessee. The assessee raised objections against the reopening of the reassessment and issue related to notice under Section 148 of the Act. The objections were disposed of. In the present case, no assessment order has been passed under Section 143(3) of the Act and, therefore, objections taken by the assessee was rejected by the Assessing Officer. The Assessing Officer further made addition of Rs.6,00,000/- towards undisclosed income on the basis that no evidence that books of accounts wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e same can be seen from the paragraph no. 5 of the Assessment Order. The Ld. AR submitted that all the relevant evidences were filed in respect of cash found/cash seized from the employee of the assessee firm and the cash was entered into books of account for A.Y. 2012-13. Therefore, on merit the assessee has explained cash seized and the creditworthiness and genuineness of the transactions related to the said amount. 9. The Ld. DR submitted that the books of accounts maintained by the assessee was after the search took place and the same can be fabricated. The Ld. DR relied upon the Assessment Order and the Order of the CIT(A). 10. Heard both the parties and perused all the relevant material available on record. From the perusal of parag ..... X X X X Extracts X X X X X X X X Extracts X X X X
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