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TMI Blog2024 (10) TMI 774X X X X Extracts X X X X X X X X Extracts X X X X ..... e matter before the AO, as discussed (supra), CIT (A), exceeded his powers by setting aside the matter back to the AO, technically his order is faulty and considering the ratio laid down in the case of Arun Kumar Bose [SUPRA] we declare the order as beyond the powers provided by the statute. In view of the above, we restore the matter back to the file of CIT (A) with a direction to call for a remand report from the AO and then adjudicate the matter of the assessee. - Shri Anikesh Banerjee, Judicial Member And Shri Gagan Goyal, Accountant, Judicial Member For the Appellant : Shri Dinesh Rokhriyal, Ld. AR For the Respondent : Ms. Rajeshwari Menon, Ld. DR ORDER PER GAGAN GOYAL, A.M: This appeal by the assessee is directed against the order of National Faceless Appeal Centre (NFAC), Delhi dated 17.01.2024 passed u/s. 250 of the Income Tax Act, 1961 (in short the Act ) for A.Y. 2017-18. The assessee has raised the following grounds of appeal:- 1. On the facts and in the circumstances of the case and in law the CIT (A) erred in not deciding and considering the legal grounds of appeal with written submission dt. 20th Sept 2021 made as stated in para no.4 of the order itself by CIT(A) es ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ve ground of appeal. The Appellant prays that: 1. The Appeal be admitted and allowed fully. 2. The Impugned order be quashed and set aside. 3. The Income added of Rs 2, 14, 56,760/- be deleted 4. The assessment order is declared as ab into null and void. 5. Any other relief deem fit. 2. The brief facts of the case are that the assessee is an Individual deposited cash amounting to Rs. 28.63 Lacs in State Bank of India, Badlapur Branch. Case of the assessee was selected was selected in AIMS Data for cash deposit in bank account of Specified Bank Notes (SBN) during the demonetization period. It is also observed by the Revenue that the assessee is a non-filer of return for the year under consideration. Accordingly, a notice u/s. 142(1) of the Act was issued vide dated: 26.12.2017. Later on, a notice u/s. 142(1) of the Act was issued on 03.05.2019 asking to furnish certain details along with supporting documentary evidences. The assessee failed to submit the same; then again a fresh notice was issued to the assessee on 13.08.2019. In response to the same the assessee Individual submitted as under: The assessee submitted the reply stating that she was doing business as a facilitator for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r in response to section 142(1) of the Act. As far as the liability of the assessee to file return of income is concerned, we deem it fit to reproduce herein below the provisions of section 139 and 142 of the Act as under: Section - 139, Income-tax Act, 1961 - FA, 2023 Return of income. 139.(1) every person, (a) being a company or a firm; or (b) being a person other than a company or a firm, if his total income or the total income of any other person in respect of which he is assessable under this Act during the previous year exceeded the maximum amount which is not chargeable to income-tax, Shall, on or before the due date, furnish a return of his income or the income of such other person during the previous year, in the prescribed form and verified in the prescribed manner and setting forth such other particulars as may be prescribed: Provided that a person referred to in clause (b), who is not required to furnish a return under this sub-section and residing in such area as may be specified by the Board in this behalf by notification in the Official Gazette, and who during the previous year incurs an expenditure of fifty thousand rupees or more towards consumption of electricity ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e income of the person referred to in clause (a) of that proviso in accordance with the provisions of this Act:] Provided also that every person, being an individual or a Hindu undivided family or an association of persons or a body of individuals, whether incorporated or not, or an artificial juridical person, if his total income or the total income of any other person in respect of which he is assessable under this Act during the previous year, without giving effect to the provisions ofclause (38) of section 10 or section 10A or section 10B or section 10BAor section 54 or section 54B or section 54D or section 54EC or section 54F or section 54G or section 54GA or section 54GB or Chapter VI-A exceeded the maximum amount which is not chargeable to income-tax, shall, on or before the due date, furnish a return of his income or the income of such other person during the previous year, in the prescribed form and verified in the prescribed manner and setting forth such other particulars as may be prescribed: Provided also that a person referred to in clause (b), who is not required to furnish a return under this sub-section, and who during the previous year (i) has deposited an amount o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... taining full information in respect of the income or loss of any person, the Assessing Officer may make such inquiry as he considers necessary. (2A) If, at any stage of the proceedings before him, the Assessing Officer, having regard to the nature and complexity of the accounts, volume of the accounts, doubts about the correctness of the accounts, multiplicity of transactions in the accounts or specialised nature of business activity of the assessee, and the interests of the revenue, is of the opinion that it is necessary so to do, he may, with the previous approval of the Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner, direct the assessee to get either or both of the following, namely: (i) to get the accounts audited by an accountant, as defined in the Explanation below sub-section (2) of section 288, nominated by the Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner in this behalf and to furnish a report of such audit in the prescribed form duly signed and verified by such accountant and setting forth such particulars, as may be prescribed, and such other particulars as the Assessing Officer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... issioner or Commissioner in accordance with such guidelines as may be prescribed and the expenses so determined shall be paid by the Central Government. (3) The assessee shall, except where the assessment is made under section 144, be given an opportunity of being heard in respect of any material gathered on the basis of any inquiry under sub-section (2)or any audit or inventory valuation under sub-section (2A)] and proposed to be utilised for the purposes of the assessment. (4) The provisions of this section as they stood immediately before their amendment by the Direct Tax Laws (Amendment) Act, 1987 (4 of 1988), shall apply to and in relation to any assessment for the assessment year commencing on the 1st day of April, 1988, or any earlier assessment year and references in this section to the other provisions of this Act shall be construed as references to those provisions as for the time being in force and applicable to the relevant assessment year. Explanation. For the purposes of this section, cost accountant means a cost accountant as defined in clause (b) of sub-section (1) of section 2 of the Cost and Works Accountants Act, 1959 (23 of 1959) and who holds a valid certificat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on all the material and other information produced by the assessee before, or the results of the inquiry held or evidence recorded by, the Settlement Commission, in the course of the proceeding before it and such other material as may be brought on his record, confirm, reduce, enhance or annul the assessment;] (b) in an appeal against an order imposing a penalty, he may confirm or cancel such order or vary it so as either to enhance or to reduce the penalty; (c) In any other case, he may pass such orders in the appeal as he thinks fit. (1A) in disposing of an appeal, the Joint Commissioner (Appeals) shall have the following powers (a) in an appeal against an order of assessment, he may confirm, reduce, enhance or annul the assessment; (b) in an appeal against an order imposing a penalty, he may confirm or cancel such order or vary it so as either to enhance or to reduce the penalty; (c) in any other case, he may pass such orders in the appeal as he thinks fit.] (2) The [Joint Commissioner (Appeals) or the] [Commissioner (Appeals)] [, as the case may be,] shall not enhance an assessment or a penalty or reduce the amount of refund unless the appellant has had a reasonable opportunity ..... X X X X Extracts X X X X X X X X Extracts X X X X
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