9911796707
TMI Blog2024 (11) TMI 28X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee is not in dispute and the cash deposits as found in the savings bank account are constitutes transport charges as also not in dispute. There was no evidence before us to claim presumptive assessment u/s 44AE of the Act and moreover, in our opinion giving lorry numbers are not sufficient to charge income under the provisions of section 44AE of the Act. AO is not acceptable as the assessment year is 15 years old and no purpose will serve in accepting the request of AR. Since the assessment year is 15 years old and there is no material evidence to show to determine the income of the assessee under the provisions of section 44AE of the Act, we deem it proper to direct the Assessing Officer to adopt 15% of the total addition shall be t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n with cash deposits. Accordingly, the Assessing Officer added entire cash deposits as found in the savings bank account of the assessee to an extent of ₹.11,18,925/- to the total income of the assessee vide his order dated 23.11.2018 passed under section 144 r.w.s. 147 of the Act. The assessee challenged the same before the ld. CIT(A). According to the ld. CIT(A), no explanation nor written submissions filed with regard to the grounds raised therein challenging the addition made under section 69A of the Act and there was no response to the notices issued to the assessee, which is reflected in para 4 of the impugned order. The ld. CIT(A), accordingly, proceeded to confirm the order of the Assessing Officer. 4. The ld. AR Shri T.S. Lak ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rce for cash deposits are only from transport charges. The assessee was engaged in small transport business having no knowledge of income tax proceedings, could not appear before the authorities below. On perusal of the assessment order as well as impugned order, there was no assistance from the assessee to the notices issued by the Assessing Officer as well as ld. CIT(A). The business of the assessee is not in dispute and the cash deposits as found in the savings bank account are constitutes transport charges as also not in dispute. There was no evidence before us to claim presumptive assessment under section 44AE of the Act and moreover, in our opinion giving lorry numbers are not sufficient to charge income under the provisions of sectio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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