TMI Blog2014 (1) TMI 977X X X X Extracts X X X X X X X X Extracts X X X X ..... Saini,JJ. For the Petitioner : Shri P. K. Chhaparwal For the Respondent : Shri N. A. Joshi- D.R. ORDER Per N. K. Saini, A. M This is an appeal by the department against the order dated 28/03/2013 of ld. CIT (A), Udaipur. The following grounds have been raised in this appeal: "On the facts and in the present circumstances of the case, the learned CIT(A) has erred in:- 1. Holding the undisclosed cash deposit in bank account as turnover and applying Net Profit rate and thereby restricting the addition from Rs. 12,35,262/- to Rs. 12,245/- made by the AO on account of undisclosed cash deposits in bank account namely with the IDBI which was not at all disclosed was found out by the AO. 2. Deleting addition of Rs. 10,00 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 10,000/- to the total income of the assessee. 3. Being aggrieved, the assessee carried the matter to the ld. CIT(A) and the submissions made before him as incorporated in pages 3 4 of the impugned order are reproduced verbatim as under:- "It is submitted that the assessee after completing his graduation in 1998 from government college Nagore he has joined a marble trading company in Mumbai upto year 2000 and thereafter he came to Rajnagar and started supply of Marble on commission basis. ln this activity, the assessee on behalf of the purchaser / buyer located at Mumbai, Thane, Hyderabad, Kanpur, etc. purchased material from the local marble trading/ gang saw unit as per the requirement of the customer. The bill was prepared directly ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... allowing any opportunity of being heard has added Rs. 12,35,260/- on account of cash deposited in bank by the buyer/customers located in different cities and Rs. 10,000/- lump sum addition was made in the commission income shown by the assessee of Rs. 88, 620/- by making wrong observation that the bank account has not been shown in the balance sheet. We are enclosing herewith the copy of the order sheet and bank account showing cash deposited by the different marble companies of different cities. ln view of the above it is clear that the addition made by the AO is arbitrary without any basis and against- natural justice being made without allowing any opportunity of being heard." 4. The learned CIT(A), after considering the submissions ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the assessee could not explain the source of cash deposit in his bank account, therefore, the addition was rightly made by the Assessing Officer. 7. In his rival submissions, learned counsel for the assessee reiterated the submissions made before the authorities below and strongly supported the impugned order passed by the Ld. CIT(A). 8. We have considered the submissions of both the parties and carefully gone through the material available on record. In the instant case, the explanation of the assessee as regards to the cash deposit in the bank account was that the said amount was received from purchasers/buyers located at various places like Mumbai, Thane, Hyderabad, Kanpur etc. He also explained that he was supplying marble on com ..... X X X X Extracts X X X X X X X X Extracts X X X X
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