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2021 (3) TMI 456 - AT - Income TaxValidity of ex-parte order passed by AO without serving the notice u/s. 148 of the Act on the assessee - HELD THAT:- When the notice u/s. 148 of the Act was issued by the Assessing Officer at the address available with the Assessing Officer as well as the same address has given by the assessee in Form No. 36 and further when the assessee has made a statement before the Ld. CIT(A) not to press this issue of validity of notice, the assessee cannot be allowed to agitate this issue in the present appeal at this stage. Hence, the Ground Nos. 1 and 2 of the assessee appeal are dismissed. Addition on account of entire deposits made in the bank account of the assessee - HELD THAT:- While passing the ex-parte reassessment order, made the addition of the entire deposits in the bank account of the assessee without even considering the corresponding withdrawal by the assessee. It is apparent from the bank statement of the assessee that there are frequent deposits and withdrawal by the assessee and therefore, even, if any, addition is made on account of deposits the corresponding withdrawal which can be a source of subsequent deposits is required to be considered. Further, the assessee has also required to explain the deposits in the bank account at different places apart from parent branch where the assessee is having the saving bank account. Therefore, matter is set aside to the record of the Assessing Officer to readjudicate the issue of assessment of income of assessee on account of deposit made in the bank account after considering the explanation of the assessee
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