2021 (10) TMI 648

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..... n his savings bank account maintained with Oriental Bank of Commerce, Janak Puri, Delhi. After analyzing the information and material available on record, the AO reopened the assessment as per provisions of section 147 of the IT Act, 1961 after recording reasons and issued notice u/s 148 of the Act dated 31.03.2018. However, no return of income was filed in response to the notice u/s 148 of the IT Act. The various notices issued u/s 142(1) also remained uncomplied with. The AO obtained details of cash deposit in the bank account by issue of notice u/s 133(6) of the Act. Since there was no compliance from the side of the assessee to explain the source of such cash deposit, the AO, invoking the provisions of section 144 r.w.s 147 of the IT Ac .....

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..... on the material. In view of the above defects in the compliances the resultant reassessment proceedings are required to be set aside. 4. The Ld. CIT(A) has erred both in law and in facts of the case in upholding the impugned reassessment proceedings ignoring the fact that the sanction u/s 151 of IT Act shows mechanical satisfaction by the Pr CIT, New Delhi and such mechanical approval vitiates the reassessment proceedings. 5. The assessing officer has erred both in law and in facts of the case in making addition/s 68 of the Act of Rs. 16,74,900/- treating it as unexplained credits ignoring the fact that the appellant has duly provided evidence and explanation in regarding the source of cash deposit in the Bank account. Therefore the add .....

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..... nd, submitted that due to non-compliance from the side of the assessee, the AO has passed the order u/s 144 of the Act. Despite five opportunities granted by the CIT(A), there was no compliance to the notices issued by the CIT(A) for which he has also passed an ex parte order. The various submissions made by the assessee do not form a part of the assessment order or the CIT(A)'s order. He accordingly submitted that the grounds raised by the assessee should be dismissed. 6. I have considered the rival arguments made by both the sides and perused the orders of the AO and the CIT(A) and the paper book filed on behalf of the assessee. I have also considered the various decisions cited before me. I find, the case of the assessee was reopened as .....

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