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2017 (3) TMI 384

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..... . - I.T.A. No.2682/Ahd/2013 - - - Dated:- 6-3-2017 - SHRI S.S. GODARA, JUDICIAL MEMBER And SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER For The Appellant : None For The Respondent : Mr.Dimesh Singh, Sr.DR ORDER PER PRADIP KUMAR KEDIA, AM: The captioned appeal by the Assessee is directed against the order of the Commissioner of Income Tax(Appeals)-III, Ahmedabad [CIT(A) in short] dated 22/08/2013 for the Assessment Year (AY) 2008-09. 2. The grounds of appeal raised by the Assessee read as under:- 1. The learned CIT(A) has erred in law and on facts in confirming the action of AO in making addition of ₹ 20,13,530/- on account of Unexplained Money u/s.69A of The Income Tax Act, 1961. 2. Both the low .....

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..... s justified in confirming the additions of ₹ 20,13,530/- made by the AO towards unexplained cash deposits. In order to address the issue, the relevant portion of the order of the CIT(A) is extracted hereunder:- 3. Ground No.1 of the appeal is regarding addition of ₹ 20,13,530/- u/s. 69A. 4. Return declaring total income of ₹ 1,14,096/- was filed by the appellant. On the basis of AIR information, AO found that during the year there are total cash deposits of ₹ 20,13,530/- in bank account of the appellant. Appellant was asked to explain source of the same. As no reply was furnished before AO, he made addition of ₹ 20,13,5307- u/s. 69A. 5. Appellant filed his written submissions in which he argued .....

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..... the eyes of income tax department. Then the assessee decided to attend the hearing personally but it was too late. Hence, we request you kindly allow the assessee to produce additional evidences which he was not able to provide earlier because of mistake of the accountant. Please consider the circumstances (as mentioned above) as falling under rule 46 A of Income Tax Act, 1961. 2. We are enclosing herewith the copy of IT return of A. Y. 2008-09, computation of income, Translated Balance Sheet and Profit Loss Account from Gujarati to English along with list of debtors and creditors as per annexure A. 3. As per point no. 7.1 of Assessment Order u/s 144 dated 16712/2010, The respected Assessing Officer has considered the c .....

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..... anation regarding source of cash deposited with necessary evidences. 3. In view the above it is unable to make any comments on additional evidences. If the assessee has given any evidences regarding source of cash credit the same may kindly be forwarded to undersigned so that comments on the same can be given. 7. Facts of the case and arguments of the appellant have been carefully considered. From the perusal of bank statement of appellant it is found that there are cash deposits of various amounts such as Rs.l5,000/-, ₹ 48,000/-, ₹ 33,000/-, etc. on various dates. It has been claimed by the appellant that all these are business transactions but no evidence in support of the same has been filed either before AO or t .....

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