TMI Blog2010 (2) TMI 891X X X X Extracts X X X X X X X X Extracts X X X X ..... e in cash in hand in the present year of Rs. 152,473/- out of agricultural income is accepted and such agricultural income in earlier years cannot be ruled out and there is no finding that such agricultural income in earlier years was used for some other purposes. Thu respectfully following the decision of the coordinate Bench as narrated above the addition of Rs.2,05,265/- as retained by the CIT(A) deleted. - ITA No. 1129/Del/2008, - - - Dated:- 9-2-2010 - D.R. Singh, R.C. Sharma, JJ. Ranjeet Keswani, CA for the Appellant Kavita Bhatnagar, CIT-DR for the Respondent ORDER R.C. Sharma, Accountant Member:- 1. This is an appeal filed by the assessee against the order of CIT(A) dated 30.1.2008 for the AY 199 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... from the bank as well as amount utilized were given according to which there was a closing balance of Rs.6,70,095/-. After taking this as opening balance, the cash found at the time of search was found to be sufficiently explained. However, the AO did not agree with the same and added the available cash while framing the assessment u/s 153C. By the impugned order, CIT(A) reworked out the available cash and addition was retained to the extent of Rs.2,05,265/-, against which the assessee is in further appeal before us. 4. At the outset, learned AR placed on record the order of the ITAT in the case of other member of the same family group in ITA No. 1102/Del/2008, order dated 16,10.2009, wherein similar addition made on account of availab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ase in cash in hand during this year of Rs.152,473/- being difference of Rs.10,05,485/- (closing balance) and Rs.853,011/- (opening balance). We fail to understand as to why such opening cash in hand of Rs.853,011/- is treated as unexplained when increase in cash in hand in the present year of Rs. 152,473/- out of agricultural income is accepted and such agricultural income in earlier years cannot be ruled out and there is no finding that such agricultural income in earlier years was used for some other purposes. In view of above discussion, we hold that opening cash in hand is also explained and hence we delete this addition of Rs.853,011/-." 5. As the facts and circumstances of the case of the assessee are in pari-materia with that of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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