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2016 (1) TMI 352 - ITAT DELHI

2016 (1) TMI 352 - ITAT DELHI - TMI - Addition u/s 68 - non considering and appreciating the additional evidences submitted by the assessee under Rule 46A of the Income-tax Rules, 1962 before the Learned CIT(Appeals) - Held that:- After filing the additional evidence and Learned CIT(Appeals) took step provided in sub-rule(3) to Rule 46A of the Income-tax Rules giving an inference that the additional evidence sought to be produced by the assessee was relevant material and the Learned CIT(Appeals) .....

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ied in upholding the same. The same is thus directed to be deleted.

So far as the balance deposit of ₹ 3,07,011 is concerned, the explanation of the assessee remained that this amount was coming from last year debtors and it was accepted by the Assessing Officer. We find that in its remand report, the Assessing Officer had not accepted this explanation in absence of filing of address and PAN, details of debtors but the Assessing Officer has not verified the explanation of the as .....

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HIR AND SHRI J.S. REDDY For The Appellant : Shri P.C. Yadav, Adv. For The Respondent : Shri Vikram Sahay, Sr. DR ORDER PER I.C. SUDHIR: JUDICIAL MEMBER The assessee has questioned First Appellate Order basically on two grounds. Firstly, the validity of addition of ₹ 20,19,609 made under sec. 68 of the Income-tax Act, 1961 upheld by the Learned CIT(Appeals) and secondly in not considering and appreciating the additional evidences submitted by the assessee under Rule 46A of the Income-tax Ru .....

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sessee failed to explain the source of deposits, the Assessing Officer made addition of ₹ 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 engaged in the trading of plastic injections molding machines and allied products. The assessee has been suffering from sever diseases due to which he failed to coordinate with his chartered accountant and the do .....

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r, ₹ 7,63,386 current year cash sale receipts and ₹ 1,45,885 as loan from ING Vaishya Bank have been accepted by the Assessing Officer. Hence, Learned CIT(Appeals) was supposed to delete the said explained deposits amounting to ₹ 14,34,271. For the balance amount, it was submitted that so far as amount of ₹ 3,00,711 was concerned, it was admitted position that this amount was coming from last year debtors. Thus, when it was accepted by the Assessing Officer then as per la .....

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TAT 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 rep .....

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of the deposits in question in his saving bank before the Assessing Officer despite sufficient opportunity given by the Assessing Officer to the assessee for the purpose. The Learned DR submitted further that the assessee had not disclosed about the existence of these seven bank accounts in which the deposits in question was made. 6. The Learned AR rejoined with the submission that in the name of the firm of the assessee, there was only one current account with Bank of Baroda. He submitted that .....

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sale of car 5,25,000 Accepted by the A.O. - See pg 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 assess .....

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nder sec. 68 which is not permissible. No adverse comment has been made by the A.O. in remand report see page No. 5 of the P.B. 8. The remand report was called for by the Learned CIT(Appeals) on the application for admission of additional evidence before the Learned CIT(Appeals) and in the remand report, the Assessing Officer commented outcome of verification done by him. The Learned CIT(Appeals), thereafter called for reply of the assessee thereto and the Learned CIT(Appeals) came to the conclu .....

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t the loans schedule was verified and the amount was not ₹ 41,45,885 but ₹ 1,45,885. The Learned CIT(Appeals) while correcting the figure of the amount, however, has confirmed the addition only on the basis that the additional evidence filed has not been admitted by him. 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 ( ₹ 1,50,000), the Learned CIT(Appeals) has mentioned that as per t .....

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6 and ₹ 901. The Learned CIT(Appeals) has made these comments after considering the remand report of the Assessing Officer and reply filed by the assessee thereto at page Nos.8 & 9 of the First Appellate Order. Thus, we find that the Learned CIT(Appeals) was satisfied with the report of the Assessing Officer regarding the explanation of the assessee about the amount of ₹ 5,25,000, ₹ 1,45,885, ₹ 7,63,386 and ₹ 901 but the same has been still upheld on the basis t .....

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parties he is doing his business of trading and repairing of machines and tools. The Assessing Officer has further commented that ₹ 901 has been paid as interest by the bank. Regarding cash received from debtor (Rs.3,007,711), cash received from staff advance (Rs.76,085) and cash received from Ashok Kumar (Rs.1,50,000), the Assessing Officer has stated that no details were filed. 9. We thus find that out of the above deposits, the Assessing Officer in his remand report furnished to the Le .....

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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 was not matching with the period of assessment proceedings. In view of the above cited decisions by the Learned AR, we are of the view that after filing the additional evidence a .....

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