Jaladi Geetha Padmaja vs. The Income Tax Officer, Ward – 1, Nellore

Parties Involved

Facts Summary

The assessee, Jaladi Geetha Padmaja, deposited cash amounting to Rs.35,00,000/- in her savings account with Bank of Baroda and received interest income of Rs.60,582/- during the financial year 2018-19 relevant to the assessment year 2019-20. The assessee did not file a return of income for the assessment year 2019-20, and the source of the cash deposit and interest income remained unexplained. Consequently, the case was reopened under sections 147/148 of the Income Tax Act, 1961, and a notice under section 148 was issued to the assessee. However, the assessee did not comply with the notice. In the absence of any reply and supporting documentary evidence, the total amount of Rs.7,60,582/- was treated as unexplained money under section 69A of the Act and added back to the total income of the assessee. The Assessing Officer completed the assessment under section 69A of the Act and passed an assessment order on 29.11.2023. The assessee filed an appeal before the Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi, which was dismissed.…

Legal Issues

• 1. Whether the assessment order passed under section 144 of the I.T. Act is bad either on the facts of the case or in law?
• 2. Whether the Assessing Officer failed to verify the initial notices and serve them on the appellant?
• 3. Whether the Assessing Officer failed to cause necessary enquiries with regard to identifying the address of the appellant and serve the notices on her?
• 4. Whether the Assessing Officer failed to provide reasonable opportunities to the appellant for submitting her replies and sources for cash deposits and thereby violated the principles of natural justice?
• 5. Whether the Assessing Officer completed the Assessment without giving sufficient time except one adjournment?
• 6. Whether the Assessing Officer failed to verify the bank statement and understood the fact that the sources for the cash deposits of Rs.7,00,000/- are out of earlier cash withdrawal of Rs 11,50,000/ on 18-10-2018?

Judgment Outcome

Decided in favour of Assessee.

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