TMI Blog2022 (6) TMI 229X X X X Extracts X X X X X X X X Extracts X X X X ..... issue any alleged cheque to any such person. However, otherwise if the payment was made through cheque then how the same may be alleged to be out of unexplained sources especially when there is no allegation that the deposit in the bank account of the assessee was from any unknown source of income. We do not find any justification on the part of the CIT(A) in confirming the addition and the same is ordered to be deleted - Appeal of assessee allowed. - I.T.A. No. 559/Kol/2020 - - - Dated:- 30-5-2022 - Shri Sanjay Garg , Judicial Member Shri Sunil Kr. Agarwal, AR, appeared on behalf of the appellant Smt. Ranu Biswas, Addl. CIT-DR, appeared on behalf of the respondent ORDER Per Sanjay Garg , Judicial Member : The p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unexplained cash credit u/s 68, while no such amount has been received/credited in the books of account or any bank accounts of the assessee in the relevant AY11-12; the alleged transaction is not related to the assessee in any manner; the arbitrary addition sustained without having any legal basis, is liable to be deleted. 4. On the facts and circumstances of the case and in law, the ld CIT(A) has erred in sustaining the alleged addition of Rs. 10 lakhs, while copy of alleged 'diary impounded' from third party premises on 8-2-15 in search proceedings on Nadiadwala Group, has not been provided confronted to the assessee and even without giving proper opportunity to cross examine the alleged witness which is used against the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 35 Ramavtar ACYPA2036Q Shree Jagmohan Walia 500000 4.12.2010 2010- 11 Cheque 3 66 Ramavtar Agarwal ACYPA2036Q Shree Jagmohan Walia 500000 4.12.2010 2010- 11 Cheque 3 69 Ramavtar Agarwal ACYPA2036Q Trilok S 200000 5.1.2010 2010- 11 Cash ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on named Ramavtar Agarwal (PAN-ACYPA2036Q) during Financial Year 2010-11 in cash and cheque. It is relevant that PAN-ACYPA2036Q has made the payments to various persons as per the impounded diary. 5.8 A perusal of the entries show that the two entries on page 35 and page 66 regarding payment of Rs.5,00,000/- by cheque twice on 04.12.2010 pertain to Financial Year 2010- 11 relevant to assessment year 2011-12. The remaining entreis pertain to assessment year 2010-11 as the dates pertain to Financial Year 2009-10. The A.O is required to check the information received by the A.O from the ACIT, Central Circle-4(4), C.R.-4, Mumbai before giving relief. 5.9 Therefore, the addition of Rs.10,00,000/- (Rs.5,00,000 + Rs.5,00,000) is confir ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e through cheque. The ld. Counsel for the assessee has relied upon paper-book page 20 onwards which is the copy of the bank account statement of the assessee to submit that the assessee did not issue any alleged cheque of Rs.10,00,000/- to any such person. However, otherwise if the payment was made through cheque then how the same may be alleged to be out of unexplained sources especially when there is no allegation that the deposit in the bank account of the assessee was from any unknown source of income. I do not find any justification on the part of the CIT(A) in confirming the addition of Rs.10,00,000/- and the same is ordered to be deleted. 6. In the result, the appeal of the assessee stands allowed. Kolkata, the 30th May, 2022. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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