TMI Blog2013 (4) TMI 311X X X X Extracts X X X X X X X X Extracts X X X X ..... 2/Ahd/2010 - - - Dated:- 15-2-2013 - Shri Mukul Kr. Shrawat And Shri T. R. Meena,JJ. Shri Y.P. Verma, Sr. D.R. By Shri Mehul K. Patel, A.R. ORDER This is an appeal at the behest of the Revenue which has emanated from the order of CIT(A)-XI, Ahmedabad, dated 18.06.2010 for A.Y. 2007-08. The sole ground of appeal is against the addition made u/s. 69 on account of unexplained cash credit amounting to Rs.22,30,000/-. 2. The assessee derived income from proprietor Business of trading of perfumes and fragrances in the name of Alps Industries and income from other sources. The A.O. observed that during the course of assessment proceeding, there was a credit of Rs.20,00,000/- in the capital account of the assessee through savin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appellant also submitted letter dated 16.03.2010 alongwith the copy of certificated dated 18.01.2010 issued by the Central Bank of India which was forwarded to the A.O. who had submitted the remand on 25.03.2010 alongwith the copy of letter dated 22.03.2010 obtained from the Central Bank of India, was enclosed by him alongwith the remand report, which was considered by the CIT(A). The copy of remand report was also given to the appellant. The CIT(A) again called for remand report vide letter dated 21.04.2010. The remand report was submitted by the A.O. vide letter dated 04.05.2010 through the Additional CIT vide letter dated 06.05.2010 which has been reproduced by the CIT(A) from page no. 26 to page no.29 in his order. The CIT(A) by conside ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of MICR clearance. Thus, it was evident that the credits appearing in the banks of account of Tanishq Hotel Limited were by way of clearance of cheques. The cheques issued by the Tanishq Hotel Limited in favour of the appellant but duly debited to their accounts and were credited to the appellant's account. The appellant could not produce the confirmation from Tanishq Hotel Limited apparently as they closed down the business. This could be the reasons why the A.O. could not carry out any independent inquiry with Tanishq Hotel Limited. The appellant could not be asked to do something impossible. The ld. CIT(A) found explanation of the source and nature of the impugned credit entries satisfactorily. Thus, he deleted the addition of Rs.20,00,0 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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