9911796707
TMI Blog2024 (10) TMI 1000X X X X Extracts X X X X X X X X Extracts X X X X ..... Ld. CIT(A) disposed of the present appeal arising out of the rectification order, so the impugned order is liable to be set aside to the file of Ld. NFAC to decide along with the pending appeal. Appeal filed by the Assessee is allowed for statistical purpose. - Smt. Annapurna Gupta, Accountant Member And Shri T.R. Senthil Kumar, Judicial Member For the Assessee : Shri Tushar Hemani, Sr. Adv. And Shri Parimalsinh B. Parmar, A.R. For the Revenue : Shri V Nand Kumar, CIT- DR ORDER PER : T.R. SENTHIL KUMAR, JUDICIAL MEMBER:- This appeal is filed by the Assessee as against the appellate order dated 16.01.2023 passed by the Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi, (in short referred to as CIT(A) ), arising o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 611/- and the same was required to be explained. Since the assessee Trust failed to reply, the Assessing Officer held that the cash deposits in the bank account as unexplained and added to the total income of the assessee and demanded tax thereon. It is thereafter, the Assessing Officer found that the tax liability on the unexplained cash deposit had to be calculated as per the provisions of Section 115BBE at 60%. However by oversight mistake, the tax is calculated @ 30% plus applicable surcharge, education cess and interest. Hence a show cause notice was issued to the assessee why not to levy tax at 60% as per the provisions of Section 115BBE of the Act. 5. The A.O. was not satisfied with the reply of the assessee and reasons for cash depo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of law and Principles of Natural Justice and therefore deserves to be quashed. 5. The Appellant craves leave to add, amend, alter, edit, delete, modify or change all or any of the grounds of appeal at the time of or before the hearing of the appeal. 8. Ld. Sr. Counsel Shri Tushar Hemani appearing for the assessee submitted that the Ld. CIT(A) failed to consider that the appeal against the original assessment order passed u/s. 143(3) is pending as on today with the E-filing Acknowledgement No. 404914390030119 dated 03.01.2019. Without disposing of the main appeal, Ld. CIT(A) disposed of the present appeal arising out of the rectification order, so the impugned order is liable to be set aside to the file of Ld. NFAC to decide along with the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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