ORDER

Per: Udayan Das Gupta, JM This appeal is filed by the assessee against the order of CIT ( A ) NFAC , dated 02/02/2024, passed u/s 250, of the Act 61, which has arisen out of the assessment order passed u/s 144 of the Act 61, dated 26/12/2019, by the AO, Ward

3(2) Ferozpur.

2. The appellant has taken fourteen grounds of appeal as per annexure attached to the memorandum of appeal in Form 36, which are more of the nature of arguments than grounds of appeal and the entire appeal revolves around one single addition of Rs. 2,95,58,290/- made by the AO on account of cash deposited in Punjab National Bank, allegedly, by the assessee, during the FY 2011-12, relevant to the assessment year under appeal.

3. The brief facts of the case are that, the AO initiated proceedings u/s 147 of the Act 61, on the basis of PAN / AIR information that an amount of Rs.2.95 crores has been deposited in PNB, in some savings bank account, by the assessee, (PAN: AFTPK8917L) and in absence of any regular return on record, proceedings were initiated u/s 147 of the Act 61, after obtaining necessary approval from PCIT, Bhatinda. However, the assessee has not filed any return in response to notice u/s 148, which has been served by speed post and also through registered email available on the portal.

3.1 Notice u/s 142(1) of the Act 61, served through departmental notice server, and ITBA portal on four different occasions, has remained unanswered and un represented.

3.2 The assessment was completed on a total income of Rs.2,95,58,290/- ex parte, by treating the entire cash deposit in bank as un explained cash credit u/s 68 of the Act 61.

4. However, we note that in the entire body of the assessment order, it is stated as PNB (Punjab National Bank), but the specific bank account number, the bank branch address details, the BSR and IFSC code of the particular bank branch in which the alleged deposit of cash has taken place, has not been mentioned.

5. The matter was carried in first appeal before CIT (A), and in course of hearing before the first appellate authority, written submissions has been filed by the assessee.

6. The Ld. CIT (A) sustained the addition, with the observations that the assessee has not filed his return and has not complied with the numerous notices issued by the AO during assessment proceedings. Moreover, in written submission filed before the first appellate authority, the assessee has simply relied upon judicial precedents of various courts, without explaining the factual aspect of the matter clearly, and unless the facts are laid out properly before the appellate authorities, it is very difficult to relate the various cited judgments to a particular set of facts.

7. The crux of the matter as argued before us by the Ld. AR, is that the assessee is an employee of “Oasis H P Junction”, Lambi , and the bank account where the alleged cash has been deposited, is actually A/c No 3452002100017881 - PNB / Loha Bazar, Malout ( and not 3452002100017880 as stated in IT Notice ) , and the same is related to “ Oasis H P Junction” , Lambi.

7.1 The assessee Mr. Parveen Kumar son of Prem Kumar, resident of Ferozpur , is maintaining account no . 3452000105121583 wef 17/01/2013 , and is related to PAN AFTPK8917L ( which is the assessee PAN).

7.2 In support of his submission, he has filed before the bench a certificate from Chief Manager, PNB, BG Ferozpur, issued sometime back in 06/12/2017 (i.e. issued before the assessment order dated 26/12/2019), but it is not ascertainable whether the said certificate has been considered by the AO, during assessment proceedings.

7.3 The said certificate from the banker is made a part of this appeal order for ready reference:

Bank Certificate dated 06/12/2021 PNB Another certificate (undated) has been submitted from PNB authorities stating that PNB A/c No - 3452002100017881 / Loha Bazar Branch, Malout, and A/c No PNB 75500210000068 – Lambi Branch, both are in the name of “OASIS HP OIL JUNCTION, Lambi .”.

7.3 Moreover, there is a t