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2015 (6) TMI 232 - AT - Income TaxAddition on cash deposits in bank account - CIT(A) deleted the addition - Held that:- CIT(A) has followed the orders of the ITAT in the case of ACIT vs. Baldev Raj Charla [2008 (12) TMI 241 - ITAT DELHI-C] and Moongipa Investment Ltd. vs. ITO [2011 (8) TMI 1067 - ITAT DELHI] and deleted the addition in dispute wherein held that simply because there was a time gap between the cash withdrawal and cash deposits in bank the explanation of the assessee cannot be rejected, unless there is a finding that the amount was used somewhere else. In the instant case also it is observed that there is no finding of by the AO that the cash withdrawals had been used anywhere else by the appellant. Moreover, the appellant has also submitted details from which it can be observed that the appellant had substantial withdrawing for its household expenses. - Decided in favour of assesse. Accepting of additional evidence - Held that:- CIT(A) has deleted the addition of made by the AO by following the ITAT orders in the case of ACIT vs. Baldev Raj Charla and Moongipa Investment Ltd. vs. ITO [supra]. Hence, the question of providing an opportunity to rebut as per the provision of Rule 46A is concerned, does not arise and as such is dismissed - Decided in favour of assesse.
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