IN THE INCOME TAX APPELLATE TRIBUNAL, AGRABENCH, AGRA BEFORE : SHRI RAMIT KOCHAR, ACCOUNTANT MEMBER And SHRI SUDHIR KUMAR, JUDICIAL MEMBER ITA No. 278/Agr/2024 Assessment Year: 2014-15 Mr. Ratnesh Kumar Jain, Income-tax Officer, Mahal Colony, Shivpuri-473551 v. Aayakar Bhawan, (M.P.) Guna Byepass Ashok Nagar, Gwalior-473551, Madhya Pradesh PAN :ADWPJ5187A (Appellant) (Respondent)

Assessee by S/Sh. Rajendra Sharma & Manuj Sharma, Adv.

Revenue by Sh. Shailendra Srivastava, Sr. DR Date of hearing 08.01.2025 Date of pronouncement 14.02.2025

ORDER

PER RAMIT KOCHAR, AM:

This appeal in ITA No. 278/Agr/2024 for the assessment year

2014-15 has arisen from the appellate order dated 26.06.2024 [DIN & Order No. ITBA/NFAC/S/250/2024-25/1066066549(1)], passed by learned Commissioner of Income-tax (Appeals), NFAC, Delhi, which appeal before learned CIT(A) has in-turn arisen from the re-assessment order dated 25.03.2022 passed by Assessing Officer u/s. 147 read with section 144read with Section 144B of the Income-tax Act, 1961.

2. Grounds of Appeal raised by the assessee in the Memo of appeal filed with Income Tax Appellate Tribunal, Agra Bench, Agra, as well as additional groundsof appeal filed by the assessee with Tribunal in ITA No. 278/Agr/2024,reads as under :

“1 That the appellate order passed dated 26.06.2024 is bad in law being passed not inconsonance with the provisions of Sub-Section (6) of Section 250 of the Income Tax Act, the appellate order is liable to be set aside.

2 That while passing of the order, the learned CIT (Appeals) has not disposed of the grounds are being taken by the appellant in the appeal. The order passed by the learned CIT (Appeals) is bad in law, liable to be set aside.

3 That the order passed by the learned CIT (Appeals) is liable to be set aside being passed without taking into consideration the facts that the provisions of Section 147 of the Income Tax Act are not attracted in the case of the appellant. The AO has wrongly invoked the provisions of Section 147 of the Income Tax Act.

4 That without prejudice to the relief allowed as per grounds, as above, the authorities below have not considered the replies of the appellant filed before them, after taking into consideration the replies and the submissions made before them, no addition is liable to be made, addition made by the AO, sustained by the learned CIT (Appeals) is liable to be deleted.

5 That while sustaining the addition as made by the AO, the learned CIT (Appeals) has completely ignored the fact that the deposit in the bank account is either out of transfer entries made from other bank account of the appellant or out of sale consideration of the assessee.

The authorities below have also ignored that most of the deposits are through banking channel represent the sale amount, taking into consideration the above, no addition is called for, addition made by the AO, sustained by the learned CIT (Appeals) is liable to be deleted.

Additional legal Ground No. 6-

"6. That the provisions of sec 69A are not attracted in the case of assessee which the NFAC has ignored while passing the order and also has not disposed the specific ground no-7 taken, opposing the invoking of sec 69A of Income Tax Act, the order passed by NFAC is bad in law liable to be set-a-side"

Additional legal Ground No.7-

"7. That no notice U/s 148 can be issued being in this case the assessment U/s 143(3) has been completed on 15.12.2016 and after passing of four year from the relevant assessment year, notice U/s 148 is issued which is against the proviso to of sec 147, notice issued U/s

148 is bad in law same is liable to be quashed."

That the aforesaid grounds which are now being taken, may kindly be admitted as additional legal grounds and the appeal of the appellant may kindly be decided after taking into consideration the above submissions.”

3. The brief facts of the case are that the assessee filed return of income for the impugned assessment year originally on 01.04.2015 , declaring total income of