Gauravkumar Manilal Patel Vs ITO (ITAT Surat)
ITAT Surat held that ex-parte order of CIT(A) set aside and restored back for fresh adjudication subject to payment of cost of Rs. 10,000 on account of non-cooperation/ non-compliance on the part of the assessee. Accordingly, appeal disposed of.
Facts- The assessee was identified as non-filer in the Non-filers Monitoring System (NMS). As per AIR / CIB information, assessee had deposited cash of Rs.69,17,170/- in his bank account with Dena Bank. The assessee did not reply to the notice issued u/s 133(6) of the Act. Thereafter, case of the assessee was re-opened u/s 147 of the Act after obtaining approval of the PCIT and notice u/s 148 of the Act was issued on 30.03.2019. The assessee did not file any return in response to the said notice. AO issued notice to the bank u/s 133(6) of the Act to the Bank and on perusal of the bank statement, he found that there was total credit of Rs.52,99,059/- in the bank account. In absence of reply from the assessee, order u/s 147 r.w.s. 144 of the Act was passed treating Rs.52,99,059/- as undisclosed and unexplained income of the assessee. Penalty proceedings u/s 271(1)(c), 271(1)(b) and 271F of the Act were also initiated by AO.
