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TMI Blog2024 (7) TMI 37X X X X Extracts X X X X X X X X Extracts X X X X ..... 241 - ITAT DELHI-C] we are inclined to give the benefit of doubt to the assessee and time gap may be ignored. Accordingly, ground raised by the assessee are allowed. - Shri S. Rifaur Rahman, Accountant Member For the Assessee : Dr. Rakesh Gupta, Adv. And Shri Shrey Jain, Adv. For the Respondent : Shri Om Prakash, Sr. DR ORDER PER S.RIFAUR RAHMAN,AM: 1. The both appeals have been filed by the Assessee against the orders of Learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi [ Ld. CIT(A) , for short], dated 13/02/2024 for Assessment Years 2011-12 2012-13 respectively. 2. These two appeals are interconnected having common issues. Both these appeals are heard together and disposed off by this common order. We are taking ITA No.1371/Del/2024 for Assessment Year 2012-13 as a lead case. 3. Brief facts of the case are, based on the information received from AIR/CIB that assessee has deposited cash amounting to Rs. 13,00,000/- and other credit of Rs. 18,40,464/- during current Assessment Year in his saving bank account maintained with Oriental Bank of Commerce. Accordingly, the case of the assessee was reopened u/s 147 of the Income Tax Act, 1961 ( the Ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has filed the Income Tax Return with the Interest Income of Rs. 12,62,374/- and paid taxes and interest under section 234A/B/C thereon. 6. Further to this, assessee hereby submits that he had not received any notice in this regard but received a call on 23rd November, 2019 (Saturday) and his son had immediately without any delay visited to Income Tax Department on 25th November, 2019 (Monday) and received/collected in physical, the show cause notice (notice no. ITBA/AST/F/142(1)/2019- 20/1019570203(1)) dated 30.10.2019. The assessee was under process to understand the notice and was working on the bank statements to check the cash deposit and cash withdrawals. 7. Further a notice with PARTMENT notice no ITBA/AST/F/147(SCN)/2019- 20/1021023813(1) dated 25.11.2019 with hearing date 29.11.2019 was received by the assessee on 29.11.2019 @ 4:55 pm itself and was not able to attend the hearing on the date of receipt of notice. 5. After considering the submissions of the assessee, the Ld. CIT(A) observed that assessee has not responded to various notices issued by the Assessing Officer and further he observed that as per the statement of facts submitted by the assessee, assessee has recei ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... firming the action of Ld. AO in making addition of Rs. 13,00,000/- on account of cash deposits by treating it as alleged unexplained money u/s 69A and that too by recording incorrect facts and findings and in violation of principles of natural justice and without appreciating/considering the submissions and evidences filed by assessee. 4. That in any case and in any view of the matter, action of L.d. CIT(A) in confirming the action of Ld. AO in making addition of Rs. 13,00,000/- on account of cash deposits u/s 69A, is bad in law and against the facts and circumstances of the case. 5. That having regard to the facts and circumstances of the case, Ld. CIT(A) has erred in law and on facts in confirming the action of Ld. AO in making addition of Rs. 18,40,464/- on account of other credits by treating it as alleged unexplained money u/s 69A and that too by recording incorrect facts and findings and in violation of principles of natural justice and without appreciating/considering the submissions and evidences filed by assessee. 6. That having regard to the facts and circumstances of the case, Ld. CIT(A) has erred in law and on facts in treating the return filed by the assessee as 'n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt Year 2012-13 the cash was deposited within 10 days of cash withdrawal and he prayed that the addition made by the Assessing Officer may be deleted. 10. On the other hand, the Ld. DR objected to the submissions of the Ld. AR and submitted that in Assessment Year 2012-13, Ld. CIT(A) has dealt with the issue of Assessment Year 2011-12, in this regard he brought to our notice findings of the Ld. CIT(A) where Ld. CIT(A) has dealt with the issue of cash deposit of 8 lacs and the assessee has made the cash deposit of 8 lacs in Assessment Year 2011-12 not in Assessment Year 2012-13, the assessee has made the cash deposit of Rs. 13,00,000/- in Assessment Year 2012-13. He submitted that Ld. CIT(A) has proceeded to adjudicate the issue on wrong facts and prayed that the this issue may be remitted back to the file of Ld. CIT(A)/ Ld. AO. Further, he submitted that the assessee has not submitted nor represented before the Assessing Officer and the assessment was completed u/s 144 of the Act, therefore, this issue has to be remitted back to the lower authorities for proper verification. 11. Considered the rival submissions and material placed on record. First, we observed that the assessee is ..... X X X X Extracts X X X X X X X X Extracts X X X X
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