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2023 (2) TMI 710 - ITAT DELHIValidity of re-opening of the assessment - Unexpalined cash deposited in his bank account - no supporting evidence was furnished regarding creditworthiness of persons - HELD THAT:- As in the absence of any supporting evidence regarding source of such deposit, the AO was justified in re-opening the assessment and making addition out of cash deposits which was not explained and proved with the supporting evidences. - Decided against assessee. Cash deposits - Assessee ought to have been given opportunity for furnishing the confirmation from his wife and other persons who gave advance to the assessee. AO could have secured their attendance for recording their statement and confirming the same to the assessee before making the impugned addition. Therefore, to sub-serve the interest of substantial justice, we hereby set aside the findings of the authorities below on the issue of impugned addition. The issue is restored to the file of AO for decision afresh. Ground raised by the assessee partly allowed for statistical purposes.
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