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TMI Blog2023 (11) TMI 733X X X X Extracts X X X X X X X X Extracts X X X X ..... see is also directed to submit all the necessary details / submissions including the submissions produced before us before concerning the issue before the AO to dispel the doubt in the case. Hence, the appeal of the assessee is allowed for statistical purpose. - DR. S. SEETHALAKSHMI, JM SHRI RATHOD KAMLESH JAYANTBHAI, AM For the Appellant : Shri Daulat Ram Moyal For the Respondent : Shri A.S. Nehra (Addl.CIT) ORDER PER: DR. S. SEETHALAKSHMI, J.M. This appeal is filed by the assessee aggrieved from the order of the Learned Commissioner of Income Tax (Appeals)- 4 th , Jaipur [herein after referred to as ld.CIT(A) ] dated 25.01.2019 for the assessment year 2013-14. 2. The assessee has raised the following grounds of appeal:- 1. That on the facts and in the circumstances of the case the learned AO was wrong in initiating proceedings u/s 148 of the IT Act and passing the assessment Order u/s 143(3) read with section 147 of the Act. The assessment order passed by the learned AO and proceeding u/s 148 sustained by the appellate authority is bad in law, illegal and unjustified. 2. That on facts in the circumstances of the case the learned AO ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... i.e. approx. one year later. In that reply, the assessee submitted that the bank account was operated by Sh. Amit Goyal. Yet in the affidavit he said that both the bank accounts were utilized by Sh. Amit Goyal, Tirupati College and also by himself. However, vide reply dated 19.12.2017, he included the name of Amit Goyal and Scholl Management. In other words, I unable to find who is the owner/operator of the bank account according to assessee - He himself, Mr. Amit Goyal, Tirupati College or unnamed School Management. 2. In the reply dated 19.12.2017, the assessee produced micro details of the bank transactions. Even mobile numbers were brought on records. How it is possible to person to make to micro details about the bank transactions, when, if accept for a second, that transaction were not related to him or not carried out by the him specially. There is only possibility, that these transaction were carried out by the assessee. 3. The bank accounts are in the name of the assessee, his PAN are mentioned in the bank database even periodically cheques were issued by the assessee, in these circumstances, how it can be accepted that these sum were not related to him. 4. The as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and not making the same in the hands of the actual owner of the money. 7. On the other hand, ld. DR supported the order of the ld. CIT(A). 8. We have heard both the parties and perused the materials available on record. In this case, it is noted that as per AIR Information Shri Nitin Kumar Moyal (assessee) deposited cash of Rs. 38,29,000/- in Bank of Baroda, Jaipur. The AO on perusal of the AST data noted that the assessee did not file the ITR for the year under consideration for which notice u/s 148 of the Act was issued on 27.09.2016 after recording reasons and taken prior permission from the higher authorities, requiring the assessee took deliver the return of income within 30 days from the receipt of the notice. Conclusively, the AO made addition in the hands of the assessee by holding as under:- The notice was sent by post, duly served upon the assessee. On 27.10.2016, the assessee requested to allow 20 days for compliance. Notice u/s 142(1) with questionnaire was issued on 05.06.2017. The assessee filed adjournment applications on 13.06.2017, 28.06.2017, 13.07.2017, 03.08.2017 and 24.08.2017. Finally, the assessee filed his ITR on 12.09.2017 declaring following ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aying just opposite fact, in my opinion, the both affidavits loss their legal power itself. 5. The assessee except his affidavit and statement has brought noting on records which can co-relate or at least prove in lesser degree that the transactions were not related to him. 6. The assessee claimed that the interest earned from these savings bank accounts his but, the transactions are not. This is a significant contradictory stand which is taken by the assessee. 7. The nature and source of these deposits remain unexplained. Therefore, considering overall facts of the case, I inclined to treat that the cash/credit entries made by the assessee himself and belongs to him. As per section 69A of the Income tax Act, 1961, where in any financial year the assessee is found to be the owner of any money, bullion, jewellery or other valuable article and such money, bullion, jewellery or valuable article is not recorded in the books of account, if any, maintained by him for any source of income, and the assessee offers no explanation about the nature and source of acquisition of the money, bullion, jewellery or other valuable article, or the explanation offered by him is not, in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rs. 6,00,000/- 28.03.2013 By Cash Rs. 5,00,000/- 29.03.2013 SERJAI-JAIPUR Rs. 10,00,000/- Also there is total 53,21,035/- credit/cash deposits in the bank account maintained with Punjab National Bank, Sikar A/c No.0847000102758112. Few entries are as under: 06.10.2012 RTGS Rs. 13,25,000/- 14.08.2012 RTGS Rs. 5,20,000/- 13.08.2012 RTGS Rs. 9,00,000/- 13.08.2012 RTGS Rs. 5,25,000/- 13.08.2012 By Own Cheque Rs. 9,30,000/- 11.08.2012 RTGS Rs. 10,50,000/- It is noticed that the bank account maintained with Punjab National Bank, Sikar A/c No.0847000102758112, there are total transfer in entry from one account to another account of the assessee i.e. amount deposited in cash and subsequently transfer in the PNB account. Therefore, the total de ..... X X X X Extracts X X X X X X X X Extracts X X X X
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