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2020 (4) TMI 18 - AT - Income TaxUnexplained cash deposits - At the time of hearing, the assessee furnished a certificate obtained from Kanataka Bank as “additional evidence” to show that cash deposits made into the savings bank account of the assessee was out of withdrawals made from the current account of the assessee - HELD THAT:- Since the assessee has filed additional evidence, we are of the view that this issue requires fresh examination at the end of the AO. The claim of the assessee that deposits made consisted of business receipts and withdrawals made earlier and this claim also requires verification. Accordingly we set aside the order passed by ld CIT- A on this issue and restore the same to the file of the AO for examining it afresh. Addition of sundry creditors - assessee did not furnish confirmation letters and also he did not produce the creditors before the AO - HELD THAT:- We noticed from the paper book that the assessee has furnished confirmation letters claimed to have been produced before ld CIT(A). Those confirmation letters are addressed to Ld CIT(A) only. However the ld CIT(A) has observed that the assessee has not furnished the confirmation letters which is contradictory to copies of confirmation letters available on record. In any case the confirmation letters have not been furnished before the AO and hence there was no occasion for the AO to examine this letters. This issue also requires fresh examination at the end of the AO. Accordingly we set aside the order passed by ld CIT(A) on this issue and restore the same to the file of AO for examining it afresh by duly considering the confirmation letters filed by the assessee. While examining this issue, the AO should also keep in mind that the assessee has not maintained books of accounts, income has been declared by the assessee on estimated basis and the Statement of Affairs have been prepared on estimated basis only. Disallowance of deduction claimed u/s 80C - HELD THAT:- Assessee did not furnish any evidence to support the claim and hence we have no other option but to confirm the order passed by the ld CIT(A) on this issue.
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