TMI Blog2017 (5) TMI 354X X X X Extracts X X X X X X X X Extracts X X X X ..... nder section 69A of the Act and brought to tax in the assessee’s hands. In this view of the matter, and finding no reason to interfere with the decision of the learned CIT(A) in the impugned order, we uphold the same - Decided in favour of revenue. - ITA No. 3059/Mum/2015 - - - Dated:- 5-5-2017 - Shri Jason P. Boaz, Accountant Member, And Shri Ram Lal Negi, Judicial Member For the Appellant : None For the Respondent : Shri J. Mohammed Rizwan ORDER Per Jason P. Boaz, A.M. This appeal by the assessee is directed against the order of the CIT(A)- 33, Mumbai dated 23.09.2014 for A.Y. 2009-19. 2. The facts of the case, briefly, are as under: - 2.1 The assessee, said to be in business as a travel agent/readymade ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 24,327/- In the absence of any plausible explanation, the Assessing Officer proceeded to bring to tax in the assessee s hands ₹ 27,10,812/- under section 68 of the Act under the head income from other sources. On the basis of material on record, the AO also concluded that the assessee was not carrying on any business during the year, as no evidence of carrying out any business was ever placed before him by the assessee. The assessment was completed under section 144 r.w.s. 147 of the Act vide order dated 20.03.2013 wherein the income of the assessee was determined at ₹ 27,10,812/- entirely under the head income from other sources . 2.2 Aggrieved by the order of assessment dated 20.03.2013 for A.Y. 2009-10, the assessee pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that on all the dates of hearing, neither was anybody present for the assessee nor was any adjournment sought on his behalf. Even issue of four notices for hearing to the assessee by RPAD did not evoke any response or compliance by the assessee. We may mention here that even before the authorities below, the AO passed the orders of assessment for the year under consideration exparte under section 144 r.w.s. 147 of the Act due to non appearance before the AO and non filing of details called for and the learned CIT(A) passed the impugned order exparte on the basis of material on record, due non appearance for the many hearings fixed before him. In the situation of the case on hand, as discussed above, it appears to us that the assessee is no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the return of income filed, assessee had shown his business as travel agent whereas in the submission filed on 27.3.2012 by the A.R. assessee s business was shown as that of readymade garments. In view of this and also coupled with the fact that no details or evidences of carrying out business were produced, the AO concluded that the assessee was not carrying out any business during the year. 6.2 I have gone through assessment order and statement of facts filed before me. It is undisputed fact that the appellant was maintaining savings bank account with ICICI bank. It is only on reopening of the assessment by the department, the fact of having bank account by the appellant was discovered. I am unable to understand why these deposit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion of the appellant to cover up his undisclosed income. The appellant is not negating the possession of bank account and balance in it. However, the question remained unanswered that why these deposits were not offered to taxation. Thus, on merit also, the ground taken by the appellant is dismissed. 3.3.2 On a perusal of the orders of the authorities below and an appreciation of the facts on record, we find that as argued by the learned D.R. for Revenue, except for raising the grounds of appeal (supra), the assessee has failed to bring on record any evidence to establish his claims that the deposits in the ICICI Bank, saving bank account at Khar (W), Mumbai was out of receipts connected with his business transactions. In our view th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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