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2022 (9) TMI 654 - AT - Income TaxReopening of assessment u/s 147 - Addition u/s 68 - unexplained cash deposits in bank account - HELD THAT:- CIT(A) has noted from the relevant facts before her that reopening was resorted to not merely on the information that no return had been filed by the assessee and cash was found to be deposited in the bank account of the assessee, but she noted that thereafter necessary inquiry was sought to be made by the Revenue from the assessee seeking explanation of the cash deposited. And since no response was forthcoming from the assessee, it is only thereafter that the AO recorded reasons for forming belief of escapement of income. No infirmity in the order of the CIT(A). The information that there was no return filed by the assessee and there was substantial cash found deposited in the bank account of the assessee was sufficient for formation of belief of escapement of income, when the assessee did not explain the source of the same to the Revenue in the investigation conducted prior to the issuance of notice under section 148 - CIT(A) has relied upon judicial decisions in this regard, therefore see no reason to interfere in the order of the ld.CIT(A) dismissing the assessee’s ground for holding the assessment order passed, as has been invalid on the ground of insufficiency of material for forming the belief of escapement of income. As no notice under section 143(2) was issued, the assessment order passed was invalid - In the present case since no return has been filed by the assessee, we are in agreement with the ld.DR that no notice under section 143(2) of the Act was required to be issued to the assessee . The non issuance of notice u/s 143(2) of the Act in the present case where no return was filed by the assesee, does not render the reassessment proceedings as invalid ,we hold. This ground raised by the assessee is also dismissed. Addition to the salary income of the assessee and on account of unexplained cash credit under section 68 - As appellant has not filed any specific written submission either in the assessment proceedings or in the appellate proceedings, hence both the additions made are confirmed and related grounds of appeal are dismissed. Assessee appeal dismissed.
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