TMI Blog2017 (1) TMI 850X X X X Extracts X X X X X X X X Extracts X X X X ..... ny satisfactory explanation given by the assessee regarding the source of deposit, the CIT(A) upheld the addition made by the Assessing Officer. It is the submission of the assessee that the entire deposit of ₹ 14 lakhs in the bank account is out of agricultural income of the family of the assessee which has been deposited in her bank account. It is also the submission of the Ld. Counsel for the assessee that given an opportunity the assessee is in a position to explain the source of deposit of ₹ 14 lakhs. Considering the totality of the facts of the case and in the interest of justice, I deem it proper to restore the matter back to the file of the Assessing Officer with a direction to give one more opportunity to the assesse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed action under S. 147 and was not entitled to pass exparte order under S. 144 of the Act. The Ld. C!T(A) erred in confirming the said assessment. It be set aside. 4. On the facts and circumstances of the case and in law the Ld. CIT(A) was not justified in confirming the addition of ₹ 14,00,000/- made by the A. O. comprised in the deposits made in the Bank account. The assessee has not maintained any books of account. The assessee has no source of income other than agricultural income. The deposits in the bank account were out of agricultural income only. The Ld. C!T(A) has confirmed the addition of ₹ 14,00,000/- being deposits in the bank account out of agricultural income only which is impermissible in law. Alternatively ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or the assessee at the outset submitted that the assessee is having only agricultural income and is not engaged in any business. The entire deposit of ₹ 14 lakhs in the bank account is out of the agricultural land owned by the family. He submitted that although the entire deposit is out of agricultural income the same was not properly appreciated by the lower authorities. Since the case was not properly handled before the CIT(A) and there was non-compliance before the Assessing Officer for which he has passed exparte order, the Ld. Counsel for the assessee submitted that given an opportunity the assessee is in a position to explain the entire source of ₹ 14 lakhs which is out of agricultural income only and therefore is exempt f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the entire deposit of ₹ 14 lakhs in the bank account is out of agricultural income of the family of the assessee which has been deposited in her bank account. It is also the submission of the Ld. Counsel for the assessee that given an opportunity the assessee is in a position to explain the source of deposit of ₹ 14 lakhs. Considering the totality of the facts of the case and in the interest of justice, I deem it proper to restore the matter back to the file of the Assessing Officer with a direction to give one more opportunity to the assessee to substantiate her case. The assessee is also directed to file the extent of land holding of the family members and the bank account of all the family members during that period. The ass ..... X X X X Extracts X X X X X X X X Extracts X X X X
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