TMI Blog2021 (10) TMI 871X X X X Extracts X X X X X X X X Extracts X X X X ..... arma, Advocate For the Respondents : Ganesh R. Ghale, Standing Counsel ORDER This appeal at the instance of the assessee is directed against CIT(A)'s order dated 23.09.2019. The relevant assessment year is 2009-2010. 2. The solitary issue argued on the main ground of appeal is that the assessment order dated 28.12.2011 passed u/s. 144 of the I.T. Act is served only on 15.03.2012, hence, the same is barred by limitation. The assessee has also raised additional ground on merits, namely, that addition u/s. 68 of the I.T. Act amounting to ₹ 17,11,500 is bad in law. 3. The brief facts of the case are as follows: The Assessing Officer had made an addition of ₹ 17,11,500 u/s. 68 of the I.T. Act being cash dep ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f facts the appellant has stated that show cause was not served before passing order u/s. 144 which is contradictory. In order to verify the correctness, a remand report was called for from the AO and the AO has submitted as under; The assessee has been asked to furnish the information in support of his claims and also offered opportunities of being heard twice on 16/07/2019 at 11:00 AM and 07/08/2019 at 11:00 AM. On perusal of the records, it is seen that the assessee has neither furnished the information called for by this office nor appeared till date. It is hereby submitted that scrutiny assessment in this case was completed on 28/12/2011 for AY 2009-10 by the ITO, Ward-13{2}, Bengaluru u/s. 144 of the Income Tax Act, 1961 as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the I.T. Act, no argument was raised on such grounds. Therefore, the only contention insofar as the technical issue is whether the assessment order passed u/s. 144 of the I.T. Act has been issued/despatched within the time limit prescribed. The learned AR reiterated the submissions made before the Income Tax Authorities. 6. The learned Standing Counsel has filed the assessment records and submitted that the assessment order has been dispatched within the prescribed time limit, hence, the same is valid. 7. I have heard rival submissions and perused the material on record. On perusal of the assessment records, it is clear that the assessment order dated 28.12.2011 was dispatched on 29.12.2011. The copy of the demand notice endorsing th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d H. Gandhi 141 ITR 67 Bom) 7.2. I am of the view in the interest of justice and equity, one opportunity should be granted to the assessee to prove the source of cash deposits amounting to ₹ 17,11,500. For this purpose, the issue on merits is restored to the files of the A.O. The assessee is directed to cooperate with the Assessing Officer. The assessee shall place necessary documentary evidences to prove the source of cash deposits amounting to ₹ 17,11,500. The A.O. is directed to afford a reasonable opportunity of hearing to the assessee. 8. In the result, the appeal filed by the assessee is partly allowed for statistical purposes. Order pronounced on this 11th day of October, 2021. - - TaxTMI - TMITax - Income ..... X X X X Extracts X X X X X X X X Extracts X X X X
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