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TMI Blog2024 (6) TMI 533X X X X Extracts X X X X X X X X Extracts X X X X ..... essee is of a dead person. Naturally, the appeal cannot be filed in the name of a dead person. There is another reason for dismissal of the appeal is that AO has not filed the complete order of the CIT (A) as stated above. This appeal of the AO deserves to be dismissed however we give liberty that if the learned Assessing Officer still wishes to file an appeal he must file the appeal in revised form no.36 along with the reasons for delay in filing of the appeal. Appeal of AO is dismissed without discussing the issue on merit as it is filed against the deceased assessee without mentioning anything about legal heir and also in incomplete manner. - SHRI PRASHANT MAHARISHI, AM AND SHRI SUNIL KUMAR SINGH, JM For the Assessee : Shri Dharan Gand ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and in law the Ld.CIT(A) erred in deleting the addition made by the AO without appreciating the facts that in such Bank accounts as when compared to the previous Financial year 2015-16 in this year ie. F.Y. 2016-17 in a particular month there is abnormal cash deposits which are not explained by the assessee and without any rectification in remand by the Assessing Officer. 4. On the facts and the circumstance of the case and in law the Ld. CIT(A) erred in deleting the addition made towards cash deposits at Rs.1,03,26,554/- as in the statement of the F.Y. 2016-17, same pattern is observed till October, 2016 that there no cash sales booked by the assessee till October, 2016, but on 8th of November, 2016, assesee suddenly made sale of Rs. 1,03, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... law the Learned CIT(A) erred in deleting the addition of Rs. 1,03,26,554/- as unexplained deposits/investment u/s 68 overlooking the fact that the entire transactions were stage managed with the object to facilitate the assessee to plough back its unaccounted income in the form of fictitious cash sales and made bogus claim and without any verification in remand by the Assessing Officer. 10. On the facts and the circumstances of the case and in law, Ld CIT(A) erred in ignoring the decisions in Sumati Dayal v. CIT 214 ITR-80 and CII v. Durga Prasad More 82 ITR-540 (S.C.) and coming to a conclusion only on the basis of the arguments advanced by the assessee, without awaiting the Remand Report by the Assessing Officer, when the assessee has no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat he has sold stock and cash received from the same is deposited in the bank account. This statement of the assessee is not accepted by the learned Assessing Officer because assessee has undertaken purchase and sales out of the book to adjust undisclosed money during monetization period by booking bogus sales. Based on the above findings he made 100% addition of cash deposited in bank demonetization period amounting to ₹1,03,26,554/- under Section 68 of the Act and chargeable to tax under Section 115BBE of the Act. Further, it was found that there are two unsecured loan received from Amrit Mohanlal HUF of ₹29 lacs and ₹32,50,000/- received from Nina Bhavesh Jain. Assessee has failed to prove the creditworthiness of the l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dead person Shri Ranjeet Kumar Mohanlal Jain. He submits that if appeal is filed in the name of dead person same is not maintainable. 8. The learned Departmental Representative was questioned on that how the appeal can be filed in the name of a dead person. But it was stated as the return of income was filed in the name of same person and the Permanent Account Number (PAN) of the deceased is to be used for filing appeal , name of respondent is deceased person. It was stated that at the most same can be a irregularity. 9. We have carefully considered the contention of both the parties and find that really the learned Assessing Officer has filed the appeal in the name of dead person namely Shri Ranjeet Kumar Mohanlal Jain even the name of re ..... X X X X Extracts X X X X X X X X Extracts X X X X
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