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2016 (7) TMI 808 - ITAT DELHI

2016 (7) TMI 808 - ITAT DELHI - TMI - Addition on protective basis - Held that:- From the orders of the authorities below we find that the assessee was a joint account holder along with his mother in the bank account maintained at branch of Axis Bank at Kolkata. The assessee as well as his mother has accepted the bank account as pertaining to the business activity of the mother of the assessee. This fact has not been disputed by the Assessing Officer also. He has made addition on protective basi .....

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see. - ITA No. 6379/Del/2013 - Dated:- 13-6-2016 - Sh. H. S. Sidhu, Judicial Member And Sh. O. P. Kant, Accountant Member For the Appellant : Sh. S.R. Sanapathi, Sr. D.R. For the Respondent : None ORDER Per O. P. Kant, A. M. This appeal of the Revenue is directed against order dated 20/09/2013 of learned Commissioner of Income-tax (Appeals)-XXX, New Delhi, for assessment year 2010-11, raising following grounds: "On the facts and in the circumstances of the case and in law, the Ld. CIT(A) ha .....

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t that the addition was made on account of undisclosed profit of a separate amount in the hand of assessee's mother by another assessing Officer without conducting proper verification and enquiry. The appellant craves the right to alter, amend, add or substitute the grounds of appeal." 2. The facts in brief are that the assessee filed return of income on 26/03/2011 declaring income of ₹ 2,38,953/-. The case was selected for scrutiny under Computerized Assisted Selection of Scrutin .....

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ause the amount of ₹ 1,73,000/- stated to be received from relatives was deposited in the bank accounts prior to the date of marriage and the cash of ₹ 80,000 stated to be received as gift, was deposited on various dates, after marriage, from 5/3/2010 to 27/03/2010. The Assessing Officer also mentioned that the assessee offered the said gifts for taxation as he could not obtain confirmation from the relative and friends in respect of the gifts .The Assessing Officer also held cash de .....

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le of Assessing Officer to provide opportunity and give the benefit of the gifts received at the time of marriage. The second issue was deleted as the addition was already considered in the hand of mother of the assessee. Aggrieved with the findings of the learned Commissioner of Income-tax (Appeals), the Revenue is in appeal before the Tribunal raising grounds as reproduced above. 3. In ground No. 1, the Revenue has challenged direction of the learned Commissioner of Income Tax(Appeals) restori .....

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the case of the assessee. 3.3 We have heard the rival submission and perused the material on record. We find that the learned Commissioner of Income-tax (Appeals) has not adjudicated on the submission of the assessee and simply restored the matter for the consideration of the Assessing Officer, which was not within his powers as provided under section 251 of the Act. On being pointed out by the bench as to why the issue may not be restored back to the file of the learned Commissioner of Income-t .....

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ssessing Officer on protective basis. The addition was made by the AO in view of the cash deposits in a bank account maintained jointly by the assessee with his mother. Before the Assessing Officer, the mother of the assessee owned the deposits as belonging to her business activity, however, the Assessing Officer added the sum in the hands of the assessee on protective basis to protect the interest of Revenue. Before the learned Commissioner of Income-tax(Appeals), the assessee submitted that th .....

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