TMI Blog2022 (1) TMI 87X X X X Extracts X X X X X X X X Extracts X X X X ..... opriate to remand back the matter to the file of the Assessing Officer for proper adjudication of the additional evidence produced before us along with details of IPOs. After verification of the source of cash deposit as well as the genuineness of the transactions, the Assessing Officer may decide the case of the assessee as per the due process of law. - ITA No. 3425/Ahd/2016 - - - Dated:- 10-12-2021 - Waseem Ahmed, Member (A) And Suchitra Kamble, Member (J) For the Appellant : S.V. Agrawal and Divya Agarwal, CAs For the Respondents : R.R. Makwana, Sr. D.R. ORDER Per Suchitra Kamble, Judicial Member This appeal is filed by the assessee against the order dated 20.10.2016 passed by the CIT(A), Gandhinagar, Ahmedabad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 144 r.w.s. 147 is without jurisdiction. Since, case is transferred from A.O. Unjha by order of CIT -Gandhinagar u/s. 127(1) of the Act to A.O., Patan without consent of the assessee. The transfer of case record from one A.O. to another A.O. of different locality is without following the procedure laid down u/s. 127(1) of the Act. 3) The assessee was doing share trading business and the cash was deposited/withdrawn for the business. The peak credit only can be added, in place of total cash deposited in Bank A/c. 4. The Assessing Officer received information that the assessee has made cash deposits of ₹ 10,58,000/- in savings account held with Oriental Bank of Commerce Unjha. Accordingly, case was reopened for recording reas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the CIT(A) has added this cash deposit without verifying the evidences produced before them as the assessee is not maintaining books of accounts. The deposits in bank account cannot be treated as books of account of the assessee and thus the same amount cannot be added under Section 68 of the Act. 9. The Ld. DR submitted that the Assessing Officer has given several opportunities to the assessee to produce the evidences before the Assessing Officer at the time of assessment proceedings despite receiving notices. The assessee has not appeared before the Assessing Officer and has not given any details relating to cash deposits in the bank. In absence of documentary evidences, the Assessing Officer rightly made the addition as the source of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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