9911796707
TMI Blog2016 (1) TMI 352X X X X Extracts X X X X X X X X Extracts X X X X ..... Appeals). 2. Heard and considered the arguments advanced by the parties in view of orders of the authorities below, material available on record and the decisions relied upon. 3. The facts in brief are that on the basis of AIR Information, the assessee was asked to explain the total deposits/credit entries amounting to Rs. 20,19,609 (Rs.20,25,535 - Rs. 5,926) (total deposits - opening balance deposited in his S/B account with Axix Bank Ltd.). Since the assessee failed to explain the source of deposits, the Assessing Officer made addition of Rs. 20,19,609 under sec. 68 of the Act as unexplained credits. The Learned CIT(Appeals) has upheld the same. 4. In support of the grounds, the Learned AR submitted that assessee, an individual is enga ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ll for a remand report on its merits then he was not justified in refusing to entertain the additional evidence. In this regard, he placed reliance on the decision of Mumbai Bench of the ITAT in the case of Sharukh Khan vs. JCIT (2007) 13 SOT 007 (Mumbai). In this regard, he also placed reliance on the decision of Delhi Bench of the ITAT in the case of Dhanna Ram Garg vs. ITO - ITA No.2216/Del/2011 (A.Y. 2006-07) - order dated 12.8.2011. The Learned AR also referred page Nos. 1 to 45 of the paper book i.e. copies of remand report of the Assessing Officer dated 12.3.2012, second remand report of the Assessing Officer dated 23.5.2012, copy of reply of the assessee to the remand report dated 23.5.2012 vide letter dated 8.6.2012 with relevant a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... no. 4 of the P.B. 2. Amount received from debtors duly emerging in the last year balance sheet. 3,00,711 Accepted by the A.O.-Pg No. 4 of the P.B-CIT(A) ignored this finding. Both failed to appreciate that the enquiries cannot be made in this year when the opening balance is coming out from previous year. Details were submitted Pls see 6 of CIT(A) order. 3. Cash received from staff 76,085 Details were not asked for by the A.O. however the assessee furnished before the CIT(A). 4. Loan from ING Vasya Bank 1,45,885 Accepted by the A.O. 5. Amount received from Ashok Kumar 1,50,000 Amount was received via account payee cheque. Details, such as pan card and Adhar card were submitted before the CIT(A). 6. Amount received from sal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Again, in respect of cash received from debtor (Rs.3,00,711) cash received from staff advance (Rs.76,085), cash received from Shri Ashok Kumar ( Rs. 1,50,000), the Learned CIT(Appeals) has mentioned that as per the Assessing Officer no details were filed. The Learned CIT(Appeals) has, however, upheld these additions on the basis that he has not admitted the additional evidence. Regarding the cash received from the sale and maintenance (Rs.7,63,386), interest paid by Bank (Rs.901), the Learned CIT(Appeals) has mentioned that no comments have been given by the Assessing Officer. He has further noted that since he was not admitting the additional evidence filed, he confirmed the addition of Rs. 7,63,386 and Rs. 901. The Learned CIT(Appeals) ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has accepted the explanation vis-à-vis following additions: Addition Nature of Amount as explained by the assessee 525000 Received from sale of car 763386 Current year cash sale receipt verified by the A.O. by cash book of the assessee and that is why the A.O. has not disturbed the current year sale. 1,45,885 Loan from ING Vaisya Bank 10. The Learned CIT(Appeals) has, however, not accepted the above explanation even ignoring the remand report on the basis that the additional evidences filed by the assessee are not admissible since the reasons of sufferings with disease by the assessee was not acceptable as the assessee was assisted with his counsel appearing before Learned CIT(Appeals) and that the period of illness of the assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
