आयकर अपील(cid:547)य अ(cid:876)धकरण, राजकोट Ûयायपीठ, राजकोट। IN THE INCOME TAX APPELLATE TRIBUNAL, RAJKOT BENCH, RAJKOT BEFORE DR. ARJUN LAL SAINI, ACCOUNTANT MEMBER &

SHRI DINESH MOHAN SINHA, JUDICIAL MEMBER आयकर अपील स/ं.ITA No.384/RJT/2024 (cid:467)नधा(cid:91)रणवष (cid:91) /Assessment Year: 2017-18 Kishan Beej ITO, Wared-2(1)

Kashivishvanath Road बनाम Jamnagar – 361 001 Nr. P & T Office Vs.

Jamnagar – 361 001 PAN : AACFK 2114 P :

(अपीलाथ(cid:568)/Appellant) ((cid:292)×यथ(cid:568)/Respondent)

(cid:467)नधा(cid:91)(cid:464)रती क(cid:551) ओर स/े Assessee by : Shri Kalpesh Doshi, AR राजèव क(cid:551) ओर स/े Revenue by : Shri Abhimanyu Singh Yadav, Sr-DR सुनवाई क(cid:551) तार(cid:547)ख /Date of Hearing : 20/01/2025 घोषणा क(cid:551) तार(cid:547)ख /Date of Pronouncement : 11/04/2025 ORDER PER DR. ARJUN LAL SAINI, ACCOUNTANT MEMBER:

Captioned appeal filed by the assessee, pertaining to Assessment Year (AY) 2017-18 is directed against the order passed by the Learned Commissioner of Income Tax (Appeals)/National Faceless Appeal Centre, Delhi [in short ‘Ld.CIT(A)/NFAC’], under section 250 of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’), dated 30.03.2024, which in turn arises out of an assessment order passed by the Assessing Officer u/s 147 r.w.s.

144B of the Act, dated 19.3.2022.

2. The grounds of appeal raised by the assessee are as follows:

1.That, the Ld. CIT(A) has wrongly passed the order without providing proper opportunity of being heard.

2.That, the Ld. CIT(A) has wrongly confirmed reopening of assessment u/s 147 of the l.T. Act, 1961.

3.That, the Ld. CIT(A) has wrongly confirmed addition of Rs. 21,92,000/- u/s 69 A of the l.T. Act, 1961 on account cash deposit in bank account.

4.That, the Ld. CIT(A) has wrongly confirmed applicability of provisions of section

115BBE of the IT Act, 1961.

5.That, the Ld. CIT(A) has confirmed levy of interest u/s 234A, 234B and 234C of the I.T. Act, 1961.

6.That, the Ld. CIT(A) has wrongly confirmed initiation of penalty u/s 271AAC and

272(A)(1)(d) of the Act,1961.

7.The assessee craves leave to add, amend, alter, or withdraw any aforesaid grounds of appeal.

3. The facts of the case which can be stated quite shortly are as follows: The assessee filed return of income, declaring an income of Rs. 48,770/- for the assessment year 2017-18, on 28.10.2017, which was processed at returned version. As per information available with the department, the assessee has made cash deposits amounting to Rs. 21,92,000/-in its Bank Account No. 006000400000066 maintained with the Nawanagar Co-operative Bank during demonetization period. The assessee has failed to disclose details of cash deposits during demonetization in its return of income. Accordingly, proceedings u/s 147 of the Income Tax Act were initiated after recording reasons and after taking approval from the Joint Commissioner of Income Tax Range-1 Jamnagar vide DIN & Documents No. ITBA/AST/S/118/2020- 21/1031948080(1) dated 30.03.2021. The notice u/s 148 of the I.T. Act, was issued on 31.03.2021, which was duly served upon the assessee through E-filing account of the assessee/registered E-mail Id of the assessee. No return of income was filed in response to notice u/s 148 of the Act, by the assessee. Thereafter, notice u/s 142(1) of the Act, was issued on 15.11.2021. Further notice u/s 142(1) of the Act, dated 16.12.2021 along with questionnaire was issued. However, the assessee did not file reply before the assessing officer, therefore assessing officer made addition of Rs. 21,92,000/-, under section 69A r.w.s. 115BBE of the Income-tax Act, 1961.

5. Aggrieved by the order of the assessing officer, the assessee carried the matter in appeal before the ld.CIT(A), who has confirmed the action of the assessing officer. The ld.CIT(A) has just narrated the facts mentioned in the assessment order, and adjudicated the issue on merit and confirmed the finding of the assessing officer. Therefore, the assessee is in further appeal before this Tribunal.

6. Shri Kalp