AO issued show cause notice u/s 148, Assessee failed to file return in response. Since Assessee did not reply to any notices, AO added entire cash deposit to the income u/s 69A to the income. CIT(A) dismissed the appeal on grounds of limitation. On appeal, the Tribunal held that the CIT(A) has not exercised his jurisdiction under section 249(3) for condoning the delay even though the delay was only of 50 days. On the issue of reopening, the Tribunal held that the AO had enough information about cash credit in the bank account of Assessee and sufficiency or correctness of the material was not a thing to be considered at the stage of reopening as held by Raymond Woolen Mills Ltd. v. ITO (1999) 236 ITR 34 (SC). With regards to addition 69A to the income, the tribunal held that entire transaction / credit entry in bank can never be the income of Assessee particularly when the bank account demonstrate that amount deposited in the bank was immediately debited by way of clearance, only a reasonable estimation of income would be sufficient to avoid possibility of revenue leakage. Appeal partly allowed. Income of the assessee is estimated at 10 per cent of cash credit and other credit. (AY. 2012-13)
Kailashnath Arunkumar Dube v. ITO (2025) 233 TTJ 720 (Surat) (Trib)
S. 147 : Reassessment-Best judgment assessment-Unexplained money-Entire cash deposit cannot be treated as income-Income of the assessee is estimated at 10 per cent of cash credit and other credit. [S.69A 148, 249(3)]
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