TMI Blog2022 (11) TMI 964X X X X Extracts X X X X X X X X Extracts X X X X ..... LLAHABAD HIGH COURT] The assessee had properly submitted through his counsel that the said amount was paid from his business receipt. The benefit should be allowed the assessee for availing section 44AD for non-maintaining the books of account. Considering the ratio decidendi of the judgments we are setting aside the orders of revenue authorities. Accordingly, the addition made by the AO is quashed. - Decided in favour of assessee. - I.T.A. No.714/Asr/2019 - - - Dated:- 20-9-2022 - Dr. M. L. Meena, Accountant Member And Sh. Anikesh Banerjee, Judicial Member For the Appellant : Sh. Rakesh Joshi, Adv. For the Respondent : Sh.Ghansham Sharma, Sr. DR. ORDER PER:-ANIKESH BANERJEE, JM: The instant appeal of the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 154 and the demand was rectified and the addition was made Rs.12,44,880/- with total income of the assessee. The assessee filed an appeal before the ld. CIT(A). The ld. CIT(A) upheld the order of the ld.AO. 3. Being aggrieved assessee filed an appeal before us. 4. The ld. Counsel for the assessee filed a written submission on 11.07.2022 which is kept in record. As per the ld. Counsel the assessee deposited cash in the bank account out of his gross receipt from the business. The ld. Counsel also submitted the bank account which is enclosed with paper book. As per the perusal of the bank account, it is clear that the cash was deposited in different dates in different amounts and the respective payment was made through banking channel, A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... provide hassle free proceedings. Such provisions are made just to complete the assessment without further probing provided the conditions laid down in such enactments are fulfilled. The presumptive income, which may be less or more, taxable. Such an assessee is not required to maintain any account books. This being so, even if, its actual income in a given case, is more than income calculated as per sub section (2) of section 44AE, cannot be taxed. Respectfully considered the judgments of Hon ble Apex Court, the assessee hadproperly submitted through his counsel that the said amount was paid from his business receipt. The benefit should be allowed the assessee for availing section 44AD for non-maintaining the books of account. Conside ..... X X X X Extracts X X X X X X X X Extracts X X X X
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