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TMI Blog2024 (9) TMI 1269X X X X Extracts X X X X X X X X Extracts X X X X ..... nor was any application filed for adjournment. Therefore, the Bench was of the opinion to proceed to dispose of the appeal qua the appellant assessee and after hearing the learned Departmental Representative and the material available on record. ITA no.65/Nag./2023 Assessee's Appeal : A.Y. 2011-12) 3. In its appeal, the assessee has raised following grounds:- "Whether on the facts and circumstances of the case, the learned Commissioner of Income Tax (Appeals) was justified in affirming addition of ` 8,00,000 by the learned Assessing Officer as unexplained cash deposits under section 69A of the Income Tax Act, 1961. 4. Facts in Brief:- The assessee is an individual and initially has not filed his return of income for the year under co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... verified now. Moreisver the assessee had never filed any return of income. His only retur filed in response to the notice issued u/s 148 for the relevant year. Hence the genuineness of the assessee's claim is doubtful. 5. Accordingly, the Assessing Officer treated the cash deposit of Rs. 8,00,000, in the Bank of India as unexplained cash under section 69A and added the same to the total income for the year under consideration. The Assessing Officer also initiated penalty proceedings under section 271(1)(c) of the Act separately. Aggrieved by the quantum addition, the assessee carried the matter before the first appellate authority. 6. The learned CIT(A), vide impugned order, dismissed the appeal filed by the assessee. During the co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llowing the appellant's unexplained cash deposit u/s 69A of the Act and income from undisclosed sources. Since the appellant failed to substantiate appellant's claim and addition made by the Assessing Officer of Rs. 8,00,000/- is hereby confirmed." The assessee being aggrieved with the order passed by the learned CIT(A), is in further appeal before the Tribunal. 7. None appeared on behalf of the assessee. 8. The learned Departmental Representative vehemently relied upon the orders passed by the lower authorities. 9. We have considered the rival submissions and perused the material available on record. The legal issue raised by the assessee is whether the addition can be made under section 69A of the Act in respect of cash deposi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the considered view that there cannot be any addition under section 69A of the Act in respect of cash deposits made by the assessee into his bank account as unexplained income in the hands of the assessee. Consequently, we set aside the impugned order passed by the learned CIT(A) and direct the Assessing Officer to delete the addition made under section 69A. Thus, all the grounds raised by the assessee are allowed. 11. In the result, appeal filed by the assessee is allowed. ITA no.66/Nag./2023 (Assessee's Appeal - 2011-12) 12. The appeal has been filed by the assessee challenging the impugned order dated 10/01/20232, passed by the learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi, ["learned CIT(A)"], ..... X X X X Extracts X X X X X X X X Extracts X X X X
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