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2023 (8) TMI 919 - ITAT AGRAUnexplained cash deposits in bank - sale proceeds of trading receipts undertaken by the Assessee and sustaining addition claim to be agriculture receipt - Agriculture receipt treated as Sham receipt of agriculture produce - HELD THAT:- The assessee had produced some confirmation certificates for getting commission in cash for property bills were also furnished. When the A.O. verified the bills produced by the assessee from M/s Agra Alu Trading Company they have specifically denied making any payment to the assessee. The said information has also been confronted with the assessee. The assessee once again filed letter claimed to have been issued by M/s Agra Alu Trading Company that these transactions are genuine. The A.O. again verified the genuineness of two confirmations, but from the enquiry report of ITO, Nasik it was gathered again through an independent confirmation from the party that the bills produced by the assessee was bifurcated by misusing the letter head of M/s Agra Alu Trading Company. Thus, the A.O. treated the cash deposits in the bank account as unexplained correctly. As per Section 156(1) of UP Zameendari Abolition Reforms Act, no ‘Bhoomadar' or ‘Asami’ shall let for any period whatsoever any land comprising in his holding. When there is specific bar that no land can be given on rent the assessee cannot have agriculture receipt. Thus, in our opinion, the order of the assessment in making the addition as unexplained by the A.O. which was confirmed by the CIT(A) is in order which requires no interference. Apart from the same, it is the specific ground of the assessee that no opportunity of cross-examination was given to the assessee on whose testimony the addition has been made. It is found from the record that at no point of time, the assessee sought for permission for cross- examination and on the other hand, the statement made by the parties have been confronted with the assessee and found that the assessee has fabricated the documents and produced before the A.O. Therefore, in our opinion, the grounds of Appeal of the assessee are devoid of merit. Accordingly, the Grounds of appeal of the assessee are rejected.
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