TMI Blog2019 (9) TMI 379X X X X Extracts X X X X X X X X Extracts X X X X ..... setaside and the matter is restored to the file of AO - assessee deserves to be given one more chance to present his case before the AO. We order accordingly. Setting aside the impugned orders, we direct the AO to frame the assessments for the years under consideration afresh as per law after allowing reasonable opportunity of hearing to the assessee. Addition on account of cash deposited in the bank account - HELD THAT:- AO made the addition simply by considering the amounts of cash deposits on different dates in the bank account. Addition on account of cash deposits can be made only if the source of the deposits remains unexplained. If, on the other hand, the cash deposits in the bank are from the regular books of account maintained by the assessee, then such transactions cannot be said to be unexplained. AR has taken the argument that the said bank account is part of the assessee s regular books of account which was reflected in the balance sheet prior to the date of search. Remit the matter to the file of AO for examining if all the transactions, for which the addition has been made, were reflected in the assessee s regular books of account maintained prior to the date ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ued in time. 3. We have briefly heard the parties on this issue. The ld. AR fairly pointed out that the Third Member bench of the Mumbai Tribunal in Smt. Sumanlala Bansal vs. ACIT (TM) vide its order dt. 20.5.2015 (ITA no. 525-530/Mum/2008), following the direct judgment of the Hon ble Delhi High Court in Ashok Chaddha vs. ITO (2011) 337 ITR 399 (Del) , has held that non-issuance of notice u/s 143(2) is not a requirement for completing assessment u/s 153A. However, relying on another judgment in CIT VS. N.S. Software (Firm) (2018) 403 ITR 0259 (Delhi), the ld. AR contended that the provisions of section 143(2) apply to the proceedings u/s 153A as well, even though it was not a direct issue before the Hon ble High Court. In view of the fact that the ld. DR contended that the first notice u/s 143(2) of the Act was, in fact, issued within the stipulated period and further that the ld. AR also evinced interest in keeping the issue alive to be taken up before the higher forums rather than extensively arguing before the Tribunal, we decide this issue against the assessee without going further deep into it. ITA Nos.850-855/PUN/2012 and 1016-17/PUN/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... additions came to be countenanced by the ld. CIT(A). The ld. AR contended that the assessee s father was not keeping good health during the course of relevant proceedings which prevented him from putting in appearance before the ld. CIT(A). 6. The ld. DR vehemently argued that the assessee was given proper opportunity by the ld. CIT(A) but the assessee failed to avail the same. It was thus prayed that the appeals of the assessee be dismissed. It was further pointed out by him that the assessment was getting time barred but the assessee failed to adduce the evidence in time enabling the AO to embark upon proper enquiry. It was thus prayed that the additions so made and sustained be confirmed. 7. Both the sides admitted that the facts and circumstances of the other seven appeals are almost similar on merits. 8. In view of the fact that the assessee was prevented by reasonable cause from appearing before the ld. CIT(A) as his father was not well and the fact that the AO could not properly appreciate the evidence because of limitation period setting in, both the sides fairly agreed that it would be in the interest of justice if the imp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat the assessee deposited cash of ₹ 52,000/-, ₹ 11,500/-, ₹ 11,500/-, ₹ 11,500/-, ₹ 12,000/-, ₹ 12,000/-, ₹ 11,500/- on 13-05-2002, 15-07-2002, 06-08-2002, 16-08-2002, 16-09-2002, 17-09-2002 and 16-10-2002 respectively. Total of such cash deposits came at ₹ 1,22,000/-. In the absence of the assessee furnishing any explanation about the source of such cash deposits, the AO made addition, which came to be confirmed in the first appeal. 16. The ld. AR submitted that the said bank account is a part of the assessee s regular books of account maintained prior to search and has been properly reflected in the Balance sheet as well. The ld. AR submitted that all the entries of cash deposits find place in the regular books of account. 17. Having heard both the sides and gone through the relevant material on record, it is seen that the AO made the addition simply by considering the amounts of cash deposits on different dates in the bank account. Addition on account of cash deposits can be made only if the source of the deposits remains unexplained. If, on the other hand, the cash deposits in the bank are from t ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
