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2015 (9) TMI 593 - ITAT CHANDIGARHUnexplained cash deposits in savings bank account - CIT(A) deleted addition - DR relied upon the orders of AO and submitted that no bill of sale has been produced before the authorities below. Therefore, the assessee could not co-relate the sale with the amount in question - Held that:- Commissioner of Income-tax (Appeals) noted that the assessee has withdrawn the amount of ₹ 10 lakhs each from M/s. Shiv Shankar Mega Mart which was deposited in the savings bank account of the assessee with Axis Bank Ltd. However, no details of the bank account maintained by M/s. Shiv Shankar Mega Mart has been considered and discussed in the appellate order. Copy of the bank account of M/s. Shiv Shankar Mega Mart is also not produced before us for inspection and verification The assessment year in question is 2009-10 and many years have gone now, therefore the assessee must be in a position to produce the sale/purchase bills for verification, that the amount in question is part of the sale proceeds. However, it is admitted fact that sale/purchase bills were never produced before the authorities below as well as before us. Therefore, these two documents are necessary for examination, i.e., bank account of the assessee's proprietary concern M/s. Shiv Shankar Mega Mart as well as the assessee's sale vouchers and produce sufficient material to show that the amount received was part of the sale proceeds. In the absence of these documents on record, we set aside the orders of the authorities below and restore this issue to the file of the Assessing Officer with direction to redecide this issue by giving reasonable sufficient opportunity of being heard to the assessee. - Decided in favour of revenue for statistical purposes.
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