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2020 (9) TMI 826 - HC - Income TaxUnexplained income u/s 69A - cash deposited during the demonetization period made out of cash in hand (which was more than four months) - penalty proceedings u/s.271AAC - HELD THAT:- In the case on hand, the Income Tax Officer/Respondent, taking into account the fact that the explanation given by the assessee that the cash deposited during the demonetization period made out of cash in hand (which was more than four months) of ₹ 11,10,000/- was against human probability and that there is no explanation for the source and nature of cash deposits in the Savings Bank Account, brought the above unexplained income to tax under Section 69A of the Income Tax Act, 1961. Single Judge, after considering the facts and circumstances of the case, without expressing any view on the merits of the matter, disposed of the writ petition, by granting liberty to the appellant/writ petitioner to file appeal before the concerned appellate authority. It shows that the assessee/appellant herein, without availing the appellate remedy, filed the Writ Petition before the writ court. Single Judge, directed the writ petitioner/appellant herein to file statutory appeal before the appellate authority, challenging the order passed by the Assessing Officer. Considering the fact that the Act provides effective and sufficient forum for any aggrieved party to work out their remedy, we do not find any ground or any merit in the appeal. Further, the decisions of the Honourable Supreme Court, relied on by the appellant, would not in any manner advance the case of the appellant/assessee. Therefore, The Writ Appeal is liable to be dismissed.
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