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2019 (6) TMI 1178 - AT - Income TaxCondonation of delay - delay of 171 days - appeal has been disposed off by the CIT(A) on 08.01.2016 and assessee expired on 16.05.2016 - legal heir who filed this appeal before this Tribunal was looking after his father’s health during his hospitalization caused delay in filing the present appeal - HELD THAT:- On hearing both the parties and having verified above said affidavit, we find the reasons stated in the said affidavit are bonafide which really prevented the assessee in filing the present appeal in time. Therefore, the delay of 171 days are condoned. Addition on account of undisclosed cash deposit - search and seizure operation conducted at office premises of the assessee wherein documents, books of accounts, computers, cash, jewelleries, bank accounts etc. were found and some of the documents were seized - HELD THAT:- The assessee has declared undisclosed income for AY 2009-10 is ₹ 7,91,88,956/- which is inclusive of the other receivables as discussed above to an extent of ₹ 2,89,01,000/-. Therefore, it is clear that the AO considered the other receivable as discussed above in the AY 2009-10 and it is very much part of total income of the assessee under the head “undisclosed income”. There is no dispute in respect of this aspect and also the payment of tax by the assessee. Further, an amount of ₹ 1,86,49,244/- as considered as income of the assessee vide revised return for ay 2010-11. In our opinion, the impugned amount is much less than the undisclosed income assessed during the two assessment years i.e. 2009-10 & 2-10-11 in the hands of the assessee and no separate additions on account of unexplained cash deposits requires to be made in the year under consideration. Therefore, we find force in the arguments of the Ld.AR that telescoping of the impugned amount should be telescoped with the total income computed for AYs 2009-10 & 2010-11. Thus, in view of the above observations, no separate addition is maintainable and the addition made by the AO and confirmed by the CIT(A) is deleted - Decided in favour of assessee.
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