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TMI Blog2024 (8) TMI 871X X X X Extracts X X X X X X X X Extracts X X X X ..... is granted one more opportunity. Therefore restore the issue raised on merits about explaining the source of alleged cash deposit to the file of A.O for deciding it afresh for which reasonable opportunity of being heard to be provided to the assessee and also Ld. A.O is directed to entertain the additional evidence to be filed by the assessee for explaining the source of alleged cash deposits. The assessee is also directed to be vigilant and not to seek any adjournment without reasonable cause and should furnish the requisite details to the A.O at the earliest so that Ld.A.O can decide in accordance with the law. Accordingly the finding of Ld. CIT(A) is set aside and Ground of appeal allowed for statistical purpose. - Shri Manish Borad, A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ified in upholding the order of the Ld. AO in view of the fact that the order passed u/s 144 r/w section 147 was illegal, void, in breach of principle of natural justice. 5. That the NFAC erred in framing an ex- parte order in violation of principle of natural justice and without any determination on the merits of the case and hence the said order is illegal, void and without jurisdiction. 6. That on the facts and in the circumstances of the case and in law, the learned NFAC erred in confirming the addition made by the Assessing Officer ( AO ) under section 69A of the Act in respect of the cash deposited in bank on various dates aggregating to Rs. 12,60,000/- during demonetization. 7. The appellant craves leave to add, alter or amend any of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... O. 5. I have heard rival contentions and perused the record placed before us. The assessee is an individual and as claimed by the Ld. Counsel for the assessee she is a senior citizen aged about 70 years and runs a kirana store. Return of income for the year under consideration has been furnished on 11.12.2017 declaring a total income of Rs. 5,80,040/-. Demonetization scheme was announced during the financial year 2016-17 and after the announcement of the scheme cash of Rs. 12,60,000/- deposited in the bank account held in the name of the assessee with Central MP Gramin Bank. Based on the information about the alleged cash deposit case of the assessee was reopened by the department followed by issuance of notice u/s 148 of the Act and other ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the case and being fair to both the parties and also taking into consideration the old age of the assessee and that regular return of income is being filed by her, justice will prevail if the assessee is granted one more opportunity. I therefore restore the issue raised on merits about explaining the source of alleged cash deposit of Rs. 12,60,000/- to the file of A.O for deciding it afresh for which reasonable opportunity of being heard to be provided to the assessee and also Ld. A.O is directed to entertain the additional evidence to be filed by the assessee for explaining the source of alleged cash deposits. The assessee is also directed to be vigilant and not to seek any adjournment without reasonable cause and should furnish the requi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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