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2022 (8) TMI 79 - AT - Income TaxUnexplained money u/s. 69A - cash deposit made by the assessee during the demonetization period i.e. from 09.11.2016 to 30.12.2016 - mere possibility of assessee earning considerable amount out of cash sales on the date of announcement of demonetization - HELD THAT:- Comparability of the circumstances which existed on the day of demonetization announcement, he pointed to the occasion of Dhanteras which is a festival wherein similar kind of high traffic volume of customers happens for the purchase and sale of gold/bullion/jewellery, it being an auspicious day for making such investments. It was placed on record that on the day of Dhanteras which fell on 28.10.2016 i.e. prior to the day of announcement of demonetization, sales bills to the tune of 229 numbers were generated while dealing with those many customers which was also during the smaller time window available on that day depending on the muhurats. As pointed out that the VAT returns filed by the assessee for the year under consideration have not been revised in any manner so as to reflect any kind of adjustment or accommodation made in the accounted data of the assessee. All these facts and explanations were placed before the lower authorities, copies of which are placed. The guess work adopted by AO in arriving at probable sales value and the judicial precedents relied upon, we find no reason to interfere with the factual findings given by the CIT(A) in deleting the addition made by the ld. AO. Accordingly, the appeal of the revenue stands dismissed.
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