9911796707
TMI Blog2023 (6) TMI 917X X X X Extracts X X X X X X X X Extracts X X X X ..... e issued and any assessment framed consequent thereto even taking shelter of no objection from the assessee could save the assessment from being held to be declared void-ab-initio and the objection of Revenue was rejected. Thus the basis of reasons recorded is erroneous and factually wrong and not a valid reason. Thus, all subsequent action initiated thereto is void-ab- initio. Ground of assessee appeal is allowed. - ITA No.235/SRT/2022 - - - Dated:- 29-5-2023 - SHRI PAWAN SINGH, JUDICIAL MEMBER For the Assessee : Ms. Chaitali Shah, CA For the Revenue : Shri Vinod Kumar, Sr-DR Order under section 254(1) of Income Tax Act PER PAWAN SINGH, JUDICIAL MEMBER: 1. This appeal by assessee is directed against the order of National Faceless Appeal Centre, Delhi [for short to as NFAC/Ld. CIT(A) ] dated 10.06.2022 for assessment year 2012-13, which in turn arises from the addition made by the Income Tax Officer, Ward-3(3)(1), Surat / Assessing Officer in assessment order passed under section 143(3) r.w.s.147 of the Income Tax Act, 1961 (hereinafter referred to as the Act ) dated 26.11.2019. The assessee has raised the following grounds of appeal:- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... able on ITS data based that assessee has made cash deposit of Rs. 23,63,650/- in his bank account maintained with ICICI Bank. The assessee has not filed his Return of Income for assessment year 2012-13. The assessing officer issued notice under section 133(6) of the Act to assessee for furnishing necessary details about such deposit. The Assessing Officer recorded that assessee has not responded to such notice. The Assessing Officer on the basis information received in ITS data formed his opinion that he has reason to believe that the income of assessee has escaped assessment to the extent the said deposit within meaning of section 147 of the Act. The Assessing Officer after recording reasons issued notice under section 148 of the Act on 31.03.2019. The Assessing Officer further noted that despite servicing notice, the assessee has not responded, nor filed return of income, therefore Assessing Officer decided to make assessment under section 144 of the Act. Accordingly, a final show cause notice issued on 01.11.2019. The assessing officer recorded that in response to such notice, the assessee filed his return of income for impugned assessment year on 19.11.2019 declaring income of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Therefore, the contention of assessee in objecting validity of re-opening is after-thought. 5. On merit of the addition, the NFAC/Ld. CIT(A) held that assessee has not furnished requisite details at the reopening stage. Therefore, NFAC/Ld. CIT(A) has no reason to interfere with the addition made by Assessing Officer in reassessment order. Further aggrieved, the assessee has filed present appeal before Tribunal. 6. I have heard the submission of Ld. Authorized Representative (Ld. AR) for the assessee and Ld. Senior Departmental Representative (Ld. Sr-DR) for the Revenue. The Ld. AR for the assessee submits that Assessing Officer in the reasons recorded noted that assessee has not filed his return of income and he was identified as non-filer. Further, on verification of AIR information available in the system, it is noticed that assessee has deposited cash of Rs. 23,63,650/- in assessee s saving bank account in ICICI bank. And that due to non-filing return of income, the source of cash deposit was escaped assessment. And such notice was issued by Income Tax Officer Ward-(3)(3)(1) and assessee has furnished return on 31.03.2013 within due date prescribed under section 139(1) of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... supported the order of lower authorities and submits that before reopening assessment Assessing Officer issued notice under section 133(6) of the Act for explaining the source of such credit but assessee not responded against such notice. The assessee has not disclosed his source of credit in his bank account. The ld Sr DR for the revenue submits that the assessee has not filed any objection at the time of assessment, now the assessee is precluded to raise such objection against the validity of reopening. On the merit of the additions, the Ld. Sr-DR for the Revenue inviting attention to the Bench that page-4 of assessment order would submit that credit / deposit in the bank were at outstation as reflected in the bank statement itself, the cash as deposited at Dharuhera, Salem, Agraharam, Stree, Mahbubnagar, Jamkhandi, Villupuram, Adoni and Damini Creation and all the withdrawal made through ATM in Surat. Thus, the assessee cannot take the plea that deposits were from cash withdrawal. On the objection of Ld. AR for the assessee on the validity of re-opening, the ld Sr DR for the revenue submits that assessee neither furnished his return of income in response to notice issued under s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and have gone through the orders of lower authorities carefully and also perused the case law cited by Ld. AR for the assessee. I find that Assessing Officer made re-opening assessment on the basis of information available on ITS data that assessee has made cash deposit of Rs. 23,63,650/- in bank account with ICICI Bank. I further find that assessee has not responded to the notice under section 133(6) of the Act and fact remain the same that the Assessing Officer re-opened the case of assessee on the basis of information that assessee has made cash deposit in the reasons recorded that assessee has not filed return of income for AY 2012-13. I find that before ld CIT(A), the assessee specifically stated that he has filed return of income for AY 2012-13 on 30.03.2013 and the bank accounts were disclosed. The ld CIT(A) has not given any specific finding on such submissions. 12. The Hon ble Apex Court in ITO Vs Lakhmani Mewal Das (supra) held that there must be a live link between the material coming to the notice of Income Tax Officer notice and formation of his belief that there has been escapement of assessees income from the assessment in particular year because of failure of to ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
