Shiv Swami Verma v. The Income Tax Officer 5(5) Barabanki

Parties Involved

Facts Summary

The Department received information that the assessee had deposited a sum of Rs.157,000/- in his bank account during the demonetization period. Notices were issued to the assessee under section 142(1) of the Act requiring the assessee to file his return of income. However, the assessee did not file his return of income. The Assessing Officer invoked the provisions of section 115BBE of the Act and completed the assessment under section 144 of the Income Tax Act, 1961, assessing the total income of the assessee at Rs.8,59,050/- by making addition of Rs.8,59,050/- (being total deposit made in the bank account of the assessee for the financial year 2016-17) under section 69A of the Act. Aggrieved, the assessee preferred an appeal before the NFAC. However, the appeal before the NFAC came to be dismissed.…

Legal Issues

• 1. The Ld. CIT (A) has failed to know about the facts and circumstances of the case, and has arbitrarily given the decision.
• 2. The Ld. CIT (A) has erred while not giving adequate opportunity of being heard.
• 3. The assessee's financial condition is very poor, and the assessee did not hire proper counsel.

Judgment Outcome

Decided in favour of Assessee.

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