TMI Blog2023 (6) TMI 1128X X X X Extracts X X X X X X X X Extracts X X X X ..... ar 2014-15. 2. The assessee has raised the following grounds of appeal:- 1. The CIT(A) has erred in confirming the assessment order dated 29.11.2016 for the assessment year 2014-15. 2. That the appellant denies its liability to be assessed at total income of Rs. 75,12,930/- as against returned income of Rs. 5,45,930/- and accordingly denies its liability to pay tax, cess and interest demanded thereon. 3. That having regard to the facts and circumstances of the case, Ld. CIT(A) has erred in law and on facts in not deleting impugned assessment order and that too without assuming jurisdiction as per law and without serving the mandatory notices u/s 143(2) and 142(1) of the Income Tax Act, 1961. 4. That having regard to the facts and circumstances of the case, Ld. CIT(A) has erred in law and on facts in not deleting order passed by A.O an ex-parte assessment order u/s 144 and that too without giving show cause notices as per law and without giving adequate opportunity to the assessee. 5. That in any case and in any view of the matter, action of Ld. AO in passing an ex-parte assessment order u/s 144 is illegal, bad in law and against the facts and circumstanc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... findings recorded by the authorities are after giving adequate opportunities to the assessee and the grounds of appeal of the assessee in the present appeal are devoid of merit, therefore, by relying on the orders of the Lower Authorities sought for dismissal of the Appeal filed by the assessee. 6. We have heard the Ld. Departmental Representative and perused the material on record. The issue involved in the grounds of Appeal of the assessee is regarding aggregate addition of Rs. 69,67,000/- on account of cash deposit in the bank account of the assessee which has been treated as income from undisclosed sources u/s 69 of the Act. The assessee during the year under consideration, the assessee has shown income from house property of Rs. 2,60,400/-, Long Term Capital Gain of Rs. 87,188/- and Income from other sources of Rs. 1,99,462/-. As per information available with the A.O. during the year under consideration, the assessee deposited cash amounting to Rs. 69,67,000/- in her various saving bank accounts. The assessee was asked to establish the source of these cash deposited in her saving bank accounts. But the assessee was unable to produce any reply regarding the source of these ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... such and has only enclosed a type sheet which is neither stated to be the statement of fact nor is claimed to be the grounds of law. However, even if the same is treated as the grounds of law taken by the appellant no meaningful purpose is to be served as none of these grounds are of any help to the appellant. The first ground is the denial of the liability of the appellant to be assessed on a total income of Rs. 75,12,930/- against returned income of Rs. 5,45,930/- but without disclosing what is the basis of such denial in the teeth of the evidence collected by the Ld. AO regarding the deposit of cash amounting to Rs. 69,67,000/- in the bank accounts of the appellant. It is trite that she who makes the claim has to prove the same and if the appellant is denying its liability in the teeth of the material evidence brought on the record it is the appellant who has to lead the evidence to corroborate its denial. As no such evidence has been laid by the appellant or the evidence led by the appellant being the alleged cash book has no evidentiary value this ground of the appellant has no merit and is therefore, rejected. 10 The second is regarding alleged non service of notice by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n law. For the reasons stated in para 11 above, this ground has no merit or substance and is of no help to the appellant. The same is rejected. 13. The fifth ground taken by the appellant is that the Ld. AO fell into error in treating the cash deposited in her bank accounts as her income from undisclosed sources and by allegedly recording incorrect facts and findings and without giving adequate opportunity of hearing and without granting the opportunity of cross examination of entire material used against the assessee and without observing the principles of natural justice. It is not clear from the paraphrasing of the ground what grievance is being sought to be made by such omnibus ground. The material relied upon against a defendant is rebutted not cross examined. The cross examination is done only of a Witness. In the instant case, the Ld. AO has not relied upon any witness but has framed the impugned assessment order with reference to the material on its record. Therefore, there were no questions of any cross examination. As far as the material relied upon by the Ld. AO is concerned, the same was the material of the appellant herself being the bank statements of her bank ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The case was thereafter fixed for 06.02.2018 when the Ld. Counsel for the appellant sought further time to file the cash flow statement and the case was adjourned for 20.02.2018 but on that date there was no compliance. Case was again fixed for 26.06.2018 but there was no compliance. From this it is clear that appellant is only delaying the conclusion of its appeal and is raising frivolous allegations against the revenue with an intent to divert attention from its mischief. There is no merit or substance in this ground as well and the same is dismissed. 14. The sixth ground taken by the appellant is that the addition of Rs. 69,67,000/- being the cash deposited by the appellant in her bank account is bad in law for having been made by the Ld. AO u/s 69 of I.T. Act, 1961. The provisions of Section 69 which has been invoked by the Ld. AO deals with unexplained investment by a tax payer. Perusal of the bank account of the appellant shows that the appellant has deposited unaccounted cash in her bank account and thereafter has taken the proceeds by closing the bank account itself in one bank account with the Union Bank of India and has regularly transfer the cash deposited in her b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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