TMI Blog2021 (5) TMI 917X X X X Extracts X X X X X X X X Extracts X X X X ..... explanation given by the assessee relating to sale of land for ₹ 36,90,000/- was duly reflected in his bank account. The CIT (A) s stand that no explanation was offered relating to the remaining cash deposit to the extent of ₹ 26,20,000/- is not correct. The cash deposits were made according to the sale deed dated 22.07.2008 and the amount was received on 22.07.2008 and 24.01.2009 which was properly reflected in assessee s bank account. Therefore, the CIT (Appeals) was not right in sustaining the remaining amount of cash deposit to the extent of ₹ 26,20,000/-. Therefore, on merits the assessee succeeds and ground Nos. 8 to 13 are allowed. - I.T.A. No. 7849/Del/2018 And I.T.A. No. 7850/Del/2018 - - - Dated:- 28-5-2021 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... live nexus, which leads to income escaping assessment, therefore, the alleged reason recorded are highly arbitrary, bad in law and purely based on surmises and conjecture; 5. That, no proper approval was obtained on the alleged reason recorded by the assessing officer as per section 151 of the Act, before issuing the notice U/s 148 of the Act, hence the proceeding initiated is illegal, bad in law and without jurisdiction; 6. That, no proper approval was obtained before issuing the notice U/s 131 of the Act, which is the basis of the initiating the proceeding U/s 147 of the Act, therefore, the notice and proceedings is illegal, bad in law and without jurisdiction; 7. That assessment order passed 144/147 and the addition made are il ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r and order passed by CIT(A) are against the principles of natural justice and the same has been passed without affording reasonable and adequate opportunity of being heard. 14. That the interest U/s 234A 234B has been wrongly and illegally charged as the appellant could not have foreseen the disallowances/additions made and could not have included the same in current income for payment of Advance tax. The interest charged under various sections is also wronglv worked out. 15. The appellant craves leave to add, amend, alter and or modify the grounds of appeal of the said appeal. All of the above grounds of appeal are without prejudice and are mutually exclusive to each other. I.T.A. No. 7850/Del/2018 : 1. That, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vailable on record. 8. That the explanation given evidence produced, material placed and available on record has not been properly considered and judicially interpreted and the same do not justify the additions/ allowances made and penalty imposed. 9. That the impugned penalty Order passed by the Assessing Officer and order passed by CIT(A) are against the principles of natural justice and the same has been passed without affording reasonable and adequate opportunity of being heard. 10. The appellant craves leave to add, amend, alter and or modify the grounds of appeal of the said appeal. All of the above grounds of appeal are without prejudice and are mutually exclusive to each other. 3. The case was selected on the basis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 07.2008 and ₹ 31,00,000/- on 24.01.2009 whereas the assessee after registering the sale deed at ₹ 26,20,000/- on 24.01.2009. The ld. AR further submitted that on the basis of AIR information the Assessing Officer issued the verification notice dated 31.01.2011 and 8.04.2011 on the wrong address. The assessee could not make compliance as the same letter was never served on him. Therefore, the Assessing Officer has initiated the re-assessment proceedings under Section 147 and 148 of the Act on 16.05.2011. The ld. AR further submitted that notice issued under Section 148 of the Act on the wrong address i.e. Shri Sukhdev Singh, S/o. Shri Sarshan Singh, Village Mazir Kalan, Post Office Sarsawa, Distt. Saharanpur. The assessing Off ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iven by the assessee relating to cash deposit of the sale proceeds of agricultural land. 6. As regards the penalty appeal, the ld. AR submitted that notice issued under Section 274 of the Act is illegal, bad in law and without jurisdiction as there is no proper limb mentioned in the penalty order whether there is concealment of income or furnishing of inaccurate particulars of income. The Assessing Officer has also not given any proper satisfaction. 7. The ld. DR submitted that the Assessing Officer has made addition exparte as the assessee has received the notice but refuse the same. The CIT (Appeals) has given substantial relief to the assessee as the assessee could not establish the reasoning about cash deposit to the extent of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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