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TMI Blog2012 (7) TMI 203X X X X Extracts X X X X X X X X Extracts X X X X ..... g these appeals was condoned and the appeals were admitted for hearing. 3. Revenue in these appeals has taken common ground for both the years excepting the amount. So, for the sake of convenience, both the appeals are being disposed of by consolidated order by taking the facts for the assessment year 1994-95. I.T.A. No.2935/2009 4. Revenue has taken following ground:- "The CIT(A) erred in law and on facts in deleting the addition made u/s 69A to the extent of Rs.63,49,500/- out of total addition of Rs.71,99,500/- made by the A.O." (In ITA No.2935/2009) "The CIT(A) erred in law and on facts in deleting the addition made u/s 69A to the extent of Rs.24,42,941/- out of total addition of Rs.34,42,941/- made by the A.O." (In ITA No.2936/200 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... deleted the estimated business income of Rs.3,25,000/- and investment in car for Rs.4 lakhs. The addition confirmed by ld. CIT(A) was on account of deposits of cheque in the account of the assessee. The assessee deposited total amount by cash and cheque of Rs.80,24,500/- in her bank account. During the course of hearing before ld. CIT(A) it was contended by the assessee that peak of deposit and withdrawal in the bank was of Rs.8,33,275/- and the same should be added in the total income. The claim of the assessee that addition on peak credit can be made was not accepted by ld. CIT(A). The matter traveled to Hon'ble ITAT, Ahmedabad. The Hon'ble ITAT, Ahmedabad set aside the order of the A.O. stating that the A.O. has not considered the claim ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s stated above. But deposits made by cheques in her bank account is considered as unexplained cash credit and total amount Rs.71,99,500/- (Rs.80,24,500/- - Rs.8,25,000/-) is considered income of the assessee. The assessment set aside by the ITAT was getting time barred by limitation by dtd. 31.12.2007. Therefore assessment order is passed in this case prejudice to the fact that department has not accepted the decision of Hon'ble ITAT in this case and further appeal to Hon'ble Gujarat High Court has been filed." 6. Before ld. CIT(A) the contention of the assessee was that the A.O. has taken details from the bank account of the assessee of Central Bank of India and has taken the entire deposits for the assessment purpose without giving due c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of C.I.T. v. R.S. Rathore (Raj) reported in 212 ITR 390 and in the case of Swaroop Chand Kojuram v. C.I.T.(Raj) reported in 235 ITR 732. Concluding his argument ld. D.R. submitted that order passed by ld. CIT(A) may kindly be set aside and that of the A.O. be restored. Ld. counsel of the assessee, on the other hand, relied on the order of ld. CIT(A). 8. Heard both the parties and perused the record. We find that in this case following the direction of Hon'ble ITAT, Ahmedabad, the A.O. asked for details of persons from whom the cheques were received by the assessee and to whom the cheques were issued by the assessee so that peak credit in her account could be arrived at and the same be taken for making addition for deposits made by the as ..... X X X X Extracts X X X X X X X X Extracts X X X X
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