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2021 (9) TMI 809 - AT - Income TaxValidity of the re-assessment proceedings u/s 147 - assessee is a non-filer of income tax return and has made huge cash deposit in his S B Account - explanation of assessee regarding deposit on account of sale of agricultural land non submitted - HELD THAT:- When the assessee has submitted copy of Agreement to Sell of the agricultural land, at least the A.O. could have called the person who had given so much money to the Uncle of the assessee as advance. Further the submission of the assessee before the A.O. that some amount is deposited out of his agricultural income and previous withdrawals from the Bank which were available for deposit in the Bank Account also not considered properly. We deem it proper to restore the issue to the file of A.O. with a direction to grant one more opportunity to the assessee to substantiate his case and decide the issue as per fact and Law - AO may conduct necessary enquiry as he deems proper by directing the assessee to produce the person from whom the advance has been received for sale of land by his Uncle. The assessee is also hereby directed to appear before A.O. and adduce the evidence to the satisfaction of the A.O. regarding source of deposit without seeking any adjournment under any pretext, failing which, the A.O. is at liberty to pass appropriate Order as per Law - Grounds raised by the assessee are accordingly allowed for statistical purposes.
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