TMI Blog2007 (1) TMI 572X X X X Extracts X X X X X X X X Extracts X X X X ..... n which is nothing but after thought. 2. At the time of hearing before us, it is submitted by the ld. DR that in the cash book of the assessee, there was cash deposit of ₹ 1,90,000 on various dates without giving the name and particulars of any loan creditors. During the course of assessment proceedings no details were furnished and, therefore, the AO rightly treated the credit to be unexplained. Before the CIT(A) the assessee furnished fresh evidence in the form of revised cash book and the confirmation of creditors. That the evidence furnished before the CIT(A) were after thought and does not have any evidentiary value. 3. It is submitted by the ld. counsel that the assessee is a lady who is the proprietor of the business. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etails before the AO was due to reasonable cause. The assessee's husband expired on 13-03-2005 while the AO asked her to prove the loan creditors vide order sheet dated 18-03-2005. It is quite natural that any lady would get shocked and disturbed due to her husband's death. Complete details were furnished before the CIT(A) and he called for the remand report form the AO. During the remand proceedings the AO issued summons under section 131 and all the creditors except two appeared before him in person and have affirmed the amount advanced to the assessee. Two persons who could not appear in person before him has also field the confirmation and they are existing assessee. 5. In view of the totality of the above facts, the AO has a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nk was shown at ₹ 2,80,000 and as per revised cash book there was sufficient cash balance as on 01-11-2001. Here again during remand proceeding the AO did not found any defect in the revised cash book but his only argument for not accepting the revised cash book was that the revised cash book is an after thought. While dealing with ground No. 1, we have already accepted the assessee's contention that there was reasonable cause for assessee's failure to furnish the complete details before the AO. The accountant of the assessee has filed an affidavit that the mistake in the original cash book was committed by him and he is solely responsible for the same. This affidavit was furnished before the CIT(A) and the same was also furni ..... X X X X Extracts X X X X X X X X Extracts X X X X
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