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2022 (9) TMI 85 - AT - Income TaxReopening of assessment u/s 147 - unexplained money u/s 69A - HELD THAT:- Notices u/s 148 and 142(1) of the Act were served through affixture on the assessee. Since no compliance was made by the assessee, a final show cause notice u/s 144 dated 29.10.2018 along with notice u/s 142(1) was issued to the assessee fixing the date of hearing on 14.11.2018 to furnish the reasons why the cash deposit in the saving bank account should not treated as unexplained money u/s 69A - In the said notice it was specifically mentioned that in case of non compliance, order under section 144 shall be passed. Since, even on the said date of hearing none appeared on behalf of the assessee, therefore, the order of assessment was passed under section 144/147 thereby making the addition. From the entire sequence of events and the conduct of the assessee in non compliance of the repeated notices, it appears gross negligence on the part of the assessee and wastage of precious time. Non compliance of notice issued by the Authorities and non appearance before the Authorities inspite of repeated notices/summons is dis-regard towards the Authorities - without going into merits, considering the interest of natural justice, one more opportunity is granted to the assessee, and the file is restored back to the AO for consideration afresh, subject to cost of Rs. 5,000/- for negligent attitude during income tax proceedings, to be deposited in the Prime Minister’s Care Fund and proof thereof should be produced.
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