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2021 (1) TMI 197 - ITAT DELHIUnexplained cash deposits in the bank account - HELD THAT:- Entire issue hinges upon the primary evidence which is Ikrarnama /agreement to sell, wherein the purchaser has made payment of cash. This Ikrarnama was not filed before the Assessing Officer, because the order has been passed ex-parte for which assessee submitted that notices issued by the Assessing Officer were not received by the assessee at all. Before the ld. CIT (A) when Ikrarnama was filed, CIT(A) has called for the remand report and Assessing Officer also did not give any opportunity so as to substantiate the authenticity of the Ikrarnama and the same has been rejected by the Assessing Officer on surmises. AO and Ld. CIT (A) has confirmed the addition merely on the ground that the primary evidence, i.e., Ikrarnama is an afterthought and its authenticity is in doubt. Thus we are of the opinion that the matter should be restored back to the file of the Assessing Officer and the assessee is directed to prove the authenticity of the Ikrarnama and / or produced the purchaser before the Assessing Officer as and when called upon. Appeal of the assessee is allowed for statistical purposes.
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