TMI Blog2017 (3) TMI 683X X X X Extracts X X X X X X X X Extracts X X X X ..... iew that it will meet the ends of justice if the total addition is restricted to 25% of the cash deposited by the assessee in his bank account. It is worth mentioning here that the assessee has agreed to the above conclusion / addition. Thus, the appeals of the assessee are partly allowed. - ITA No.4210/Mum/2016 to 4213/Mum/2016 - - - Dated:- 14-3-2017 - Shri Joginder Singh, Judicial Member, and Shri Manoj Kumar Aggarwal, Accountant Member For The Assessee : Shri Sanjay R. Parikh For The Revenue : M/s. Sunita Billa ORDER Per Joginder Singh (Judicial Member) All these four appeals for A.Y.2009-10 to 2012-13 are by the assessee, challenging the impugned orders of the learned First Appellate Authority all dated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lay can result in a meritorious matter being thrown out at the threshold, which may lead to miscarriage of justice. The judiciary is respected not on account of its power to legalize in justice on technical grounds but because it is capable of removing injustice and is expected to do so. 2.3. The Hon‟ble Apex Court in a celebrated decision in Collector, Land Acquisition vs Mst. Katiji Ors. 167 ITR 471 opined that when technical consideration and substantial justice are pitted against each other, the courts are expected to further the cause of substantial justice. This is for the reason that an opposing party, in a dispute, cannot have a vested right in injustice being done because of a non- deliberate delay. Therefore, it follows ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urt has been making a justifiably liberal approach in matters instituted in this court. But the message does not appear to have percolated down to all the others courts in the hierarchy. 2.4. Furthermore, the Hon'ble Supreme Court in the case of Vedabai Alia Vaijayanatabai Baburao Patil vs. Shantaram Baburao Patil 253 ITR 798 held that the court has to exercise the discretion on the facts of each case keeping in mind that in construing the expression sufficient cause‟, the principle of advancing substantial justice is of prime importance. The court held that the expression sufficient cause should receive liberal construction. 2.5. The decision of the Tribunal in People Infocom Private Ltd. v/s CIT (ITA No.210/Mum/2013) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ons and perused the material available on record. Facts in brief are that the assessee is an individual, declared income of ₹ 1,15,705/- u/s.139 of the Act (for A.Y.2009-10). The income of the assessee was consisting of salary income, business income, capital gains and also income from other sources. A search and seizure action u/s. 132(1) of the Act was carried out at the residence and Office premises of BUCON Group by the department on 15/11/2011. In response to notice u/s.153A of the Act, the assessee declared income of ₹ 1,69,847/- on 18/02/2014. Subsequently notice u/s.143(2) dated 18/02/2014 was issued / served upon the assessee to which the assessee attended the proceedings. The learned Assessing Officer completed the ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e total addition was ₹ 13,79,650/- (gross receipt of ₹ 15,03,650/- minus 1,24,000/-). On appeal, the learned CIT(A) partly deleted the addition to the tune of ₹ 46,500/-. 5.3. Likewise for A.Y.2012-13, the assessee declared income of ₹ 6,10,449/- u/s.139 of the Act on 31/08/2012. Subsequently, pursuant to notice u/s.143(2) the assessee offered 8% of the sale proceeds deposited in the bank account amounting to ₹ 3,58,100/-. However, the assessment was completed u/s.143(3), assessing the income at ₹ 19,73,300/-. On appeal, the learned CIT(A) deleted the addition to the tune of ₹ 10,00,000/-. 6. Under the aforementioned facts, we find that the entire credit has been added by the learned Assessing ..... X X X X Extracts X X X X X X X X Extracts X X X X
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