IN THE INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM BENCH, VISAKHAPATNAM श्री रवीश सूद, माननीय न्याययक सदस्य एवं श्री एस बालाकृष्णन, माननीय लेखा सदस्य SHRI RAVISH SOOD, HON’BLE JUDICIAL MEMBER AND SHRI S BALAKRISHNAN HON’BLE ACCOUNTANT MEMBER आयकरअपीलसं./I.T.A. No. 331/Viz/2025 (निर्धारणवर्ा/ Assessment Year: 2015-16)

Narasimha Rao Jammigumpula, Income Tax Officer, Guntur. Ward-1, VS.

PAN: AZUPJ4836C Narasaraopet, Guntur.

(अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent)

करदधतधकधप्रनतनिनर्त्व/ : Shri GVN Hari, Advocate Assessee Represented by रधजस्वकधप्रनतनिनर्त्व/ : Dr. Aparna Villuri, Sr. AR Department Represented by सुिवधईसमधप्तहोिेकीनतनि/ : 02/09/2025 Date of Conclusion of Hearing घोर्णध की तधरीख/ : 09/09/2025 Date of Pronouncement

ORDER

PER S. BALAKRISHNAN, AM:

This appeal filed by the assessee is against the order of the Learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi in DIN & Order No. ITBA/NFAC/S/250/2024- 25/1075026443(1), dated 25/03/2025 arising out of the order passed U/s. 147 r.w.s 144 r.w.s 144B of the Income Tax Act, 1961 (the Act)

for the Asst. Year 2015-16.

2. Brief facts of the case are that the assessee is an individual carrying on agricultural operations. The assessee had not filed the return of income for the AY 2015-16. As per the information available with the Department, the Ld. AO observed that the assessee had carried out the following transactions during the FY 2014-15 relevant to the AY 2015-16 ie., (i) Cash deposit of Rs. 48,19,517/- in the SB account of Andhra Bank; (ii) Cash deposit of Rs. 47,70,000/- in the SB account of Andhra Bank. Accordingly, on the basis of the information available, notice U/s. 148A(b) of the Act was issued on 21/03/2022 with the prior approval of the competent authority. Thereafter, notice U/s. 148 of the Act dated 07/04/2022 was issued electronically however, there was no response from the assessee. Subsequently, notice U/s. 142(1) of the Act dated 05/07/2023, 18/09/2023, 06/10/2023, 21/10/2023 and show cause notice dated 02/11/2023 and 15/11/2023 were issued and served on the assessee by the Ld. AO calling for complete details. Since there was no response, the Ld. AO completed the assessment ex-parte on the basis of the record. Thus, the Ld. AO treated the total cash deposits of Rs. 48,19,517/- as unexplained money U/s. 69A of the Act and completed the assessment and determined the assessed income at Rs. 48,19,517/- and passed the assessment order U/s. 147 r.w.s 144 r.w.s 144B of the Act, dated

28/11/2023. Aggrieved by the order of the Ld. AO, the assessee preferred an appeal before the Ld. CIT(A).

3. On appeal, the Ld. CIT(A) dismissed the appeal of the appeal by holding that the assessee has not been able to establish the nature and source of these cash deposits and hence the same have correctly been brought to tax U/s. 69A as unexplained money in the hands of the assessee. Thus, the addition of Rs. 48,19,517/- was confirmed by the Ld. CIT(A). Aggrieved by the order of the Ld. CIT(A), the assessee is in appeal before the Tribunal by raising the following revised grounds of appeal:

“1. The order of the Ld. CIT(A) is contrary to the facts and also the law applicable to the facts of the case.

2. The Ld. CIT(A) is not justified deciding the appeal without adequate opportunity to the appellant.

3. Without prejudice to the above, the Ld. CIT(A) ought to have held that the notice U/s. 148 was not properly served on the appellant and hence the reassessment proceedings are invalid.

4. Without prejudice to Ground No.2 and Ground No.3, the Ld.

CIT(A) is not justified in sustaining the addition of Rs.

48,19,517/- made by the Assessing Officer U/s. 69A of the Act.

5. Any other ground that may be urged at the time of appeal hearing.”

4. Further, the assessee has also raised Additional Grounds of appeal as under:

“1. The notice dated 07/04/2022 issued U/s. 148 of the Act is barred by limitation by virtue of 1^st proviso to section 149(1) of the Act.

2. The notice U/s.