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TMI Blog2024 (6) TMI 1435X X X X Extracts X X X X X X X X Extracts X X X X ..... ted Form 26AS wherefrom it is seen that TDS was made. After giving credit for the TDS refund was due to the assessee. These facts were not before the Assessing Officer during the assessment proceedings. In the appeal before first appellate authority, the appeal was not admitted because assessee has not paid advance tax as required u/s 249(4)(b) - the facts remain that the assessee did not file its return of income u/s 139(1) of the Act or in response to notice u/s 142(1) of the Act. Before the Tribunal, assessee submitted paper book containing 94 pages including cash book, bank book, books of account, profit and loss account and balance sheet, copy of Form 26AS and computation of income. Hence, we are of the view that one more opportunity ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... invalid, arbitrary, void ab initio and hence, liable to be quashed. 3. On the facts and in the circumstances of the case as well in law, both the lower authorities have has failed to appreciate that the appellant being the registered co- operative society engaged in the activity of the collective disposal of the labour of its members, duly eligible for deduction/s 80P of the Act and hence, the ex-parte order passed by the AO treating the transactions of depositing of cash and cheques in the regular bank accounts arising purely out of the prime activities of collective disposal of labour of its members, as the unexplained money u/s 69A of the Act and not granting the deduction u/s 80P of the Act is, being without jurisdiction, unwarranted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 271AAC and 271F of the Act. 4. Aggrieved by the order of Assessing Officer, the assessee filed an appeal before Ld. CIT(A). The Ld. CIT(A) noticed that the Assessing Officer has assessed the total income of Rs. 1,12,26,190/- and computed the tax payable at Rs. 1,37,02,110/- which includes the advance tax payable by the assessee as well as the interest on account of delayed payment of advance tax. Further, the Ld. CIT(A) observed that as per provision of section 249(4)(b) of the Act, where no return has been filed by the assessee, the assessee has to pay an amount equal to the amount of advance tax which was payable by him. The assessee failed to make payment of advance tax as above before filing appeal before the Ld. CIT(A). Hence, the A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of collective disposal of labour of its members as unexplained income u/s 69A of the Act and not allowing deduction u/s 80P of the Act is not correct. The Ld. AR submits that without appreciating the facts of the case, the Ld. CIT(A) dismissed the appeal of the assessee. The Ld. AR of the assessee submits that since the appeal was dismissed as un-admitted, the matter may be remitted back to the file of the Ld. CIT(A) to decide the appeal on merits. 7. On the other hand, Learned Senior Departmental Representative (Ld. Sr. DR) for the Revenue submits that Assessing Officer passed the order u/s 144 of the Act due to non-compliance of notices. As the assessee has not complied with various notices, the Assessing Officer rightly computed the tot ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee has also submitted Form 26AS wherefrom it is seen that TDS of Rs. 1,73,215/- was made. After giving credit for the TDS of Rs. 1,73,215/-, refund of Rs. 35,244/- was due to the assessee. These facts were not before the Assessing Officer during the assessment proceedings. As stated earlier, due to failure of the assessee to comply with various notices, the Assessing Officer passed the order treating the cash deposit and credit entries appearing in the bank account as undisclosed money u/s 69A of the Act. In the appeal before first appellate authority, the appeal was not admitted because assessee has not paid advance tax as required u/s 249(4)(b) of the Act. However, the facts remain that the assessee did not file its return of income ..... X X X X Extracts X X X X X X X X Extracts X X X X
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