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2023 (1) TMI 604 - AT - Income TaxAddition u/s 68 - Assessee did not file supporting evidence to explain the source of deposits made in the bank statement - Commissioner (Appeals) granted relief to the assessee to the extent, the assessee was able to explain the source of deposits in the bank account - HELD THAT:- Decision of Commissioner (Appeals) to be based on facts and material placed before him. The assessee has not furnished any other evidence or material before me to establish the source of deposits in the bank account. That being the case, no interference with the decision of learned Commissioner (Appeals) is called for. Rental income unexplained - Admittedly, as per the material available on record the assessee had received rental income from two parties. Whereas, the assessee has not offered them to tax. That being the factual position emerging on record, the AO was justified in bringing to tax the rental income. The deficiency in the order of the AO due to non grant of statutory deduction of repairs and maintenance under section 24 of the Act has been removed by learned Commissioner (Appeals). No reason to interfere with the decision of learned Commissioner (Appeals) on the issue. As regards, the allegation of the assessee that learned Commissioner (Appeals) has violated the norms of natural justice, we are not convinced. Perusal of the impugned order of learned Commissioner (Appeals) would reveal that he has granted full opportunity to the assessee to explain its case. In fact, the evidences furnished by the assessee were forwarded to the AO and after taking note of the remand report, submissions of the assessee and evidences placed on record, Commissioner (Appeals) has decided the appeal. Therefore, no merit in the allegation of the assessee that rules of natural justice has been violated. Accordingly, grounds are dismissed.
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