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TMI Blog2025 (2) TMI 234X X X X Extracts X X X X X X X X Extracts X X X X ..... n the fact and in the circumstances of the case and in law, the Ld. CIT(A) had erred in setting aside the assessment order as per the provisions of section 251(1)(a) of the Income Tax Act, 1961, when the assessee was responsive during the course of assessment proceedings. 2. Any other ground that may be raised during the course of appellate proceedings." 3. For A.Y. 2015-16, we deem it expedient to reproduce below the impugned order passed by the learned CIT(A) under challenge:- "4. As per the information available with the Income Tax Department, the appellant had made cash deposits amounting to Rs. 1,45,00,000/- in his bank account held with M/s Mangaldeep Multi State Urban Co-operative Society Ltd. during the Financial Year 2014-15. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 30/08/2024 5. 06/09/2024 6. 01/10/2024 (final opportunity) 4.2 Against all these notices, there was no response from the assessee. A final opportunity i.e. show-cause notice was issued on 24.09.2024 and the appellant was informed that if no reply is received on or before 01.10.2024, the appeal would be disposed of based on the materials available on record. The appellant has not responded to the hearing posted. Despite providing numerous opportunities, the appellant did not file his submission. As has been brought out above, sufficient time is allowed to the appellant to submit the response online. However, it is evident that the appellant has not availed any of the opportunities of being heard under the principle of natural justic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat it is taxable. Where, however, the assessee claims exemption, the burden is on the assessee to prove it to be exempt. Same is the position in case of all allowances, deductions, claims or loss, etc. Since an appeal is nothing, but the claim of the appellant that he has been unduly unjustifiably taxed, it is for the appellant to prove its case. The appellant has not availed any opportunity to do so. 4.5 From the conduct of the appellant, as per the facts noted above, it is clear that the appellant does not wish to pursue the appeal. Even otherwise, on merits also, I do not see any reason to differ with the findings of the AO. The AO was in receipt of information that the appellant had made cash deposits in his bank account to the tune ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lling bank account statements. b) To verify the source for cash deposits alongwith counterfoils of cash deposits made. c) Once again verify the KYC documents and application form of the applicant while opening the bank account. d) Details of cash withdrawals alongwith counterfoils and cash withdrawals slip of AY 15-16 & 18-19. e) The AO also may verify details of loan obtained by the appellant in his name or in the name family members in the above mentioned bank. 1) The AO may verify the locker facility availed by the appellant or his family members in the above mentioned bank. g) The AO may verify the immovable properties held by the appellant provided as collateral security for any loan obtained. h) The AO may verify whether ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... owed for statistical purposes." 4. In A.Y. 2018-19, the learned CIT(A) has made following observations vide Para-4 and 4.6 to 4.7 of its order, which is reproduced below:- "4. As per the information available with the Income Tax Department, the appellant hadrade cash withdrawals through cash as well as bearer cheques amounting to Rs. 23,49,99,360/- in his current bank account during the Financial Year 2017-18. Based on this information, the AO initiated proceedings u/s 147 of the Act by issuing notice u/s 148 of the Act dated 26.03.2022 with the prior approval of the competent authority. The notice was duly served on the appellant through registered post. The appellant filed his return of income declaring total income of Rs. 5,49,070/- o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... such heavy transactions have been undertaken by the assessee and it is only when the information was filtered to the Department and notices were issued to the assessee that he has responded by trying to create some evidence to authenticate the source and reasons for the subsequent withdrawal of the amount of Rs. 23,49,99,360/-. Therefore, for the reasons mentioned, the amount of Rs. 23,49,99,360/- is treated as unexplained credit and the same is added back to the income of the Assessee under the provisions of Section 68 r.w.s 115BBE of the Act. I am satisfied that the assessee has concealed its true particulars of Income and the penalty u/s 271AAC is initiated separately in this case. 4.7 However, a perusal of the trading account of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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