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2018 (7) TMI 1616 - AT - Income TaxPenalty imposed u/s 271(1)(c) - unexplained cash - as per assessee the permission sought by AO was from Addl. Commissioner which was not as per law as the permission sought must have been from the Joint Commissioner - Held that:- The definition of Joint Commissioner clearly provides that wherever the word Joint Commissioner used in Income Tax Act, it means a person appointed to be a Joint Commissioner of Income Tax or Additional Commissioner of Income Tax under sub-Section (1) of Section 117 of the Act. Section 117 of the Act provides that the Central Government may appoint such persons as it thinks fit to be income tax authorities. Thus, in our considered view, the approval given by the Additional Commissioner is as per the scheme of law and there is no illegality. For unexplained cash the appellant has not given confirmation of the persons who are said to have given the cash, in spite of numerous opportunities having been given. Also, the appellant has not been able to produce the persons who are said to have given this cash. Also, no evidences, in the form of cash book, bank book, bank statement etc, showing the source of this cash in hands of the persons giving the cash were produced or submitted. The appellant has submitted Xerox copies of cash receipts but these receipts contained only the signature of the appellant and not of the buyers / persons said to have given cash. Furthermore, these receipts also do not contain the dates on which this cash was received. The appellant has filed a copy of the FIR filed by the buyers / person said to have given cash which states that the buyers have given a sum of ₹ 3, 51, 00, 000/- by cheque and cash. In this FIR, the amount of cash given or the date on which this cash was given, has not been mentioned. It is also not clear from the FIR whether the cash given is substantial or is merely a token amount. The above discussion would show that the appellant has not been able to substantiate his explanation. - Decided against assessee
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