Mohan Ballabh Sharma Thru’ L/H Shri Kanhiya Lal Sharma vs ITO, Ward-1, Bharatpur

Parties Involved

Facts Summary

The case involves an appeal filed by the assessee, Mohan Ballabh Sharma, against the order of the lower court dated 25-10-2023. The assessee challenges the order for the assessment year 2011-12, raising grounds of appeal against the initiation of proceedings under section 147, issuance of notice under section 148, addition of unexplained cash credits under section 68, and addition of receipts from Brij Trust registered outside India. The assessee's advocate argued that the assessee was ex-parte before the lower court due to the previous advocate's failure to follow up the matter. The lower court dismissed the appeal, holding that the assessee could not provide satisfactory evidence to contradict the findings of the Assessing Officer. The appellate tribunal, however, allowed the appeal for statistical purposes and restored the matter to the file of the lower court for a fresh adjudication.…

Legal Issues

• 1. Initiation of proceedings under section 147 and issuance of notice under section 148
• 2. Addition of unexplained cash credits under section 68
• 3. Addition of receipts from Brij Trust registered outside India

Judgment Outcome

Decided in favour of Assessee.

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