TMI Blog2017 (12) TMI 737X X X X Extracts X X X X X X X X Extracts X X X X ..... 9-2017 - SHRI R.K.PANDA, ACCOUNTANT MEMBER For The Assessee : Sh. V.K.Tulsiyan, CA For The Revenue : Sh. T Vasanthan, Sr. DR ORDER Per R.K.Panda, AM: This appeal filed by the assessee is directed against the order dated 22nd January, 2016 of the CIT(A)-21, New Delhi relating to assessment year 2009-10. 2. This appeal was earlier dismissed by the Tribunal for nonappearance. Subsequently, the Tribunal vide order dated 18th August, 2017 recalled its earlier order. Hence, this is a recalled matter. 3. Grounds raised by the assessee are as under :- 1. Whether Ld. CIT(A) was just i fied, by upholding the addition of ₹ 16,54,000/ - on account of cash deposit in Bank, even after admitting the issue ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iness. It was submi tted that the gross receipts for the year under consideration was ₹ 23,19,870/- and the assessee has not maintained any books of accounts during the F.Y 2008-09 as the same is not required u/s 44AF of the IT Act. It was accordingly argued that the income of the assessee should be computed @ 8% of the turn over from such fabric trading business. 7. However, the CIT(A) was not satisfied with the arguments advanced by the assessee and upheld the addition made by the AO by observing as under : I have carefully considered appellant's submission in this regard and find that in the return of income filed by the appellant, he has not shown any such business income whatsoever. Further, the appellant has also f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essing officer calling for a remand report from him. Referring to page 12 of the paper book he submitted that the AO has issued a letter to the assessee on 6th August, 2015 asking him to appear before him and explain the additional evidences filed before the CIT(A). He submitted that when the CIT(A) passed the order dismissing the appeal of the assessee, he has not considered the remand report called for by him from the AO. He submitted that in the interest of justice the income from fabric trading activity should be estimated @ 8% of the turn over of ₹ 23,19,870/-. For the above proposition, he relied on the decision of the Chennai Bench of the Tribunal in the case of M/s. Perlos Telecommunication vs. ACIT vide ITA No. 1037/Mds/2013 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... posits in the bank account maintained with Axis Bank. I find before the CIT(A), the assessee made a submission that he is engaged in fabric trading business and the gross turn over was ₹ 23,19,870/-. Further it was argued that he is not required to maintain books of accounts for such retail trading business as per provisions of section 44AF and he requested for estimating the profit at the rate of 8% on turn over of ₹ 23,19,870/-. I find based on the additional evidences filed before him, the ld. CIT(A) called for a remand report from the AO as per his letter dated 10th June, 2015, to the AO a copy of which is placed at page 11 of the paper book and which reads as under : Office of the Commissioner of Income Tax (Appea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Sub.: Appeal No. 3361/1 1-12 for A.Y. 2009-10-regarding During the course of appellate proceedings before CIT(A)-21, New Delhi, you have filed additional evidences under rule 46 A. of the Income Tax Rules, 1962 with regard to order passed by the A.O. u/s 143(3) on 22.12.2011. In this regard you are requested to attend this office on or before 12.08.2015 to explain the additional evidences filed by you before the Ld.CIT(A). The copies filed by you as additional evidence are not legible. Hence, you are requested to bring copies of additional evidence which should be legible. Yours faithfully Sd/- ( Antriksh Kumar) Incom Tax Officer . Ward-70(4), New Delhi 14. However, I find from the order o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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