TMI Blog2017 (2) TMI 1188X X X X Extracts X X X X X X X X Extracts X X X X ..... For The Revenue : Shri Sitaram Meena, Sr. D.R. For The Assessee : Shri M.S. Chhajed, A.R. ORDER PER : AMARJIT SINGH, ACCOUNTANT MEMBER:- This Revenue s appeal for A.Y. 2009-10, arises from order of the CIT(A)-XX, Ahmedabad dated 23-08-2013 in appeal no. CIT(A)- XX/437/11-12, in proceedings under section 143(3) of the Income Tax Act, 1961; in short the Act . 2. The revenue has taken following grounds of appeal:- 1. The Ld. CIT(A)-XX, Ahmedabad has erred on facts and circumstances of the case in deleting the addition made on account of disallowance of electricity expenses of ₹ 1,04,274/- 2. The Ld. CIT(A)-XX, Ahmedabad has erred on facts and circumstances of the case in deleting the addition made on account of unexplained cash credits of 4 creditors i.e. (i)Ajay S. Patel (Rs.3,50,000/-), (ii)Lalit B. Patel(Rs.5,50,000/-), (iii)Prahladbhai B. Patel(Rs.4,00,000/-) (iv)Pragneshbhai M. Patel(Rs. 17,00,000/-) totaling to ₹ 30,00,000/-. 3. It is therefore, prayed that the order of the CIT(A) be set aside and that of the Assessing Officer be restored to the above extent. Ground No.1 3. In this case, return of income ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing that assessing officer has not made any adverse remarks over the submission of the assessee made during the appellant proceedings before the learned CIT appeal. In view of these facts , we do not find any reason to interfere in the finding of the learned CIT appeal. Ground No. 2 5. The facts pertaining to the issue in the appeal are that during the course of appellate proceedings, the assessing officer on verification of the bank book of the assessee pertaining to the Vijay Cooperative Bank Ltd has found credit entries as under:- Sr. No. Date Name of Party Amount Credited 1 23.09.2008 ONGC Rs.1,18,518/- 2 25.09.2008 Ajay Shankarbhai Patel Rs.3,50,000/- 3 25.09.2008 Lalit Bhpendrabhai Patel Rs.5,50,000/- 4 25.09.2008 Prahladbhai Bechardas Patel Rs.4,00,000/- 5 25.09.2008 Pragnesh Madha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4. 25.09.2008 Pragneshbhai Madhvlal Patel Rs.17,00,000/- With regard to deposit of Shri Ajay Shankarbhai Patel for ₹ 3,50,000/-, the appellant has submitted his confirmation with full address, copy of his bank account in Vijay Co-Op. Bank Ltd. showing the balance of ₹ 4,13,165/-from which the lendings of ₹ 3,50,000/- was made to the appellant. Copy of his income tax return for relevant assessment year has also filed. Besides, a copy of affidavit dtd. 26.12.2013 filed giving confirmations about the aforesaid loans containing his PAN, cheque No. bank account number, name of bank and branche to the A.O. during remand proceedings. With regard to the second depositor namely Lalit Bupendrabhai Patel, the loan was of ₹ 5,50,000/- for which the appellant has submitted confirmation with full address, copy of his bank account showing the balance of ₹ 5,92,242/- before giving the aforesaid loans to the appellant and a copy of his return of income for A.Y. 2009-10. Affidavit was also furnished before the A.O. during remand proceedings stating his PAN, details of the retur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... furnished by the appellant hence it was not the obligation on the part of the appellant to produce each, of the cash creditors personally. The A.O. has not issued summons to cash creditors for making necessary enquiries independently for which the appellant may not be defaulted. Even the AO has not pointed out any doubt over the details and documents submitted with regard to 3 ingredients. 8.9. He has also relied upon the decision of Hon'ble Gujarat High Court in the case of CIT Vs. Ranchhod Jivabhai Nakhava 21 Taxmann.com 159 wherein it is held that when the assessee has established that the money was taken by way of account payee cheques,' lendeors are I.T. assessee's having PAN then the initial burden u/s.68 was discharged, by the appellant. Once the A.O. gets the hold of the PAN of the lenders, it was his duty to ascertain from the AO of those lenders whether in their respective returns they had shown existence of such amount of money and had further shown that those amount of money had been lent to the assessee. If before verifying of such fact from the AO of the lenders of the assessee, the AO decides to examine the lenders and asks the assessee to further ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssessee under rule 46A of the act. In this connection we find that assessing officer has simply stated that additional evidence should not be considered on the ground that ample opportunities were provided to the assessee at the assessment stage but could not point out any deficiency or incorrectness in the information furnished by the assessee before the CIT(A) under rule 46A of the act. We have gone through the findings of ld. CIT(A) stating that the assessee has furnished the following information in respect of the four cash credit entries for which addition u/s. 68 made by the assessing officer. Ajay Shankerbhai Patel ₹ 3,50,000/- In the case of above lender the assessee has submitted confirmation alongwith full address, copy of his bank account with Vijay Bank Cooperative Bank Ltd showing balance of ₹ 4,11,165/- from which loan of ₹ 3.5 lacs was made to the assessee. Copy of his income tax return was also filed along with copy of affidavit giving confirmation about the aforesaid loan transaction along with particulars of cheque, bank account no., name of the bank and branch etc. Lali ..... X X X X Extracts X X X X X X X X Extracts X X X X
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