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2019 (1) TMI 1610 - AT - Income TaxCondonation of delay of 80 days - mother of assessee being an old lady forgot to deliver the order to him - HELD THAT:- As stated by the assessee that the order passed by the CIT(A), was served on his aged mother on 03.10.2016. It is stated by the assessee that his mother being an old lady forgot to deliver the order to him, which resultantly had led to the delay in filing of the present appeal before us. Assessee claimed that he learnt about the fact that his appeal had been disposed off by the CIT(A)-2, only when a notice for recovery of demand for the year under consideration was received by him from the A.O. The assessee had stated that as the delay in filing of the appeal had arisen not on account of any lapses or laches on his part, but on account of an inadvertent omission on the part of his aged mother, therefore, the delay of 80 days involved in filing of the appeal to be condoned. Addition u/s 68 - whether bank account or bank passbook of an assessee cannot be held as the latters 'books of account'? - HELD THAT:- We are persuaded to subscribe to the contention advanced by the ld. A.R that as the bank account or bank passbook of an assessee cannot be held as the latters 'books of account', hence no addition in respect of a cash deposit made in the said account could be validly made under Sec.68 Our aforesaid observations is duly fortified by the judgment of the Hon'ble High Court of Bombay in the case of CIT Vs. Bhaichand H. Gandhi [1982 (2) TMI 28 - BOMBAY HIGH COURT] . We thus respectfully following the judgment of CIT Vs. Bhaichand H. Gandhi (supra) and being in agreement with the view taken by the coordinate bench of the Tribunal i.e. ITAT, Mumbai in case of Mehul V. Vyas Vs. ITO [2017 (4) TMI 534 - ITAT MUMBAI] thus are of the considered view that the addition made by the A.O u/s 68 cannot be sustained, and as such is liable to be vacated. - Decided in favour of assessee
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