9911796707
TMI Blog2021 (2) TMI 170X X X X Extracts X X X X X X X X Extracts X X X X ..... garding cash deposits in saving bank account by assessee during assessment year under appeal without quoting of his PAN. Notice u/s 148 of the Act was issued on 16.03.2016 after obtaining approval of the Pr. CIT, Meerut and notice was sent through speed post. The notices u/s 142(1) were also issued time to time but the same returned undelivered. Finally on receipts of bank statements from the bank, notice u/s 142(1) read with show-cause notice u/s 144 was issued to the assessee on 11.11.2016 requiring him show-cause as to why ex parte assessment be not made considering the material on record. A Copy of the notice u/s 148 already issued was also served. There was no compliance from the side of the assessee, the AO, therefore, proceeded to pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f sale proceeds of agricultural land. 6. The Ld. CIT(A) on verification of the record found that notice u/s 148 dated 16.03.2016 has been issued after taking approval of the competent authority. It was handed over to postal authorities on 19.03.2016 as per stamp on the envelope. The said envelope was returned on account of incomplete address due to absence of father's name. Similar is the notice u/s 142(1). The Ld. CIT(A) called for the AO and the assessment record and found that final show-cause notice u/s 142(1)/144 dated 11.11.2016 was issued by post and a copy of notice u/s 148 was also sent and this was done by post giving complete addresses including father's name. The said notice u/s 142(1) dated 11.11.2016 also mentions that copy o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that no notice u/s 148 has been served upon assessee, therefore, assessment is directed to be quashed. Ground no. 1 & 2 of the appeal of assessee were accordingly allowed without deciding the appeal on merits. The Revenue filed Miscellaneous Application No. 141/2018 against the order dated 14.12.2017 passed by SMC Bench. The Revenue explained in the miscellaneous application that the order dated 14.12.2017 is not in accordance with law and there is a factual mistake in the order while quashing the order u/s 148 of the IT Act. It was submitted that notice u/s 148 was issued along with notice dated 11.11.2016 u/s 142(1) read with show-cause notice u/s 144 of the Act, was duly served upon the assessee through speed post before the date of asse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... scellaneous Application of the Revenue was, accordingly, allowed vide order dated 16.11.2018. The Registry has thus, fixed the appeal of assessee for hearing on merits. 10. Ld. Counsel for assessee contended on ground no. 1 & 2 that order of the Tribunal in MA dated 16.11.2018 is incorrect. Ld. Counsel for assessee has however, admitted that no appeal has been preferred by assessee against the subsequent order of the Tribunal dated 16.11.2018. Thus, the order dated 16.11.2018 of the Tribunal has become final. Ld. Counsel for assessee further contended that no notice dated 11.11.2016 has been served upon assessee. Since the issue of service of notice dated 11.11.2016 have already been considered by the Tribunal vide order dated 14.12.2017 a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that assessee made cash deposits of Rs. 34,40,225/- in his saving bank account maintained with Syndicate Bank, Mawana during assessment year under appeal. The assessee did not appear before AO and no source of cash deposits in bank account has been explained through any evidence. Though the assessee appeared before Ld. CIT(A) but no steps have been taken for making a request for admission of the additional evidences. The assessee merely contended that source of the cash deposits in the bank account of assessee is sale proceeds on selling the agricultural land for which no evidence or material were produced before the Ld. CIT(A). The assessee has also not produced any evidence before me to contradict the findings of fact recorded by the auth ..... X X X X Extracts X X X X X X X X Extracts X X X X
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