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TMI Blog2017 (12) TMI 1005X X X X Extracts X X X X X X X X Extracts X X X X ..... d in this appeal is below 10 lacs. As per the Circular issued by the CBDT No. 21 of 2015 dated 10.12.2012. The appeal filed by the department is not maintainable the same has to be dismissed. 3. On the other hand, the learned DR fairly submitted that the tax effect involved this appeal is below 10 lacs and covered by Circular issued by the CBDT 21 of 2015. We have heard both the sides, in view of the submissions made by both the councils, we find that the appeal filed by the revenue is not maintainable as per the CBDT Circular No. 21 of 2015 dated 10.12.2012. Therefore, the appeal filed by the revenue is dismissed. 4. In the result, the appeal of the revenue is dismissed. ITA No. 378 5. Facts or in brief that the assessee M/s. Nidhi Su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in support of the claim. It was submitted before the A.O. that the partner of the firm during the course of the survey has given statement that the cash found of Rs. 18,08,048/- in respect of unaccounted sales not recorded in the books of accounts. The very statement subsequently retracted by the partner and therefore, addition cannot be made on the basis of statement given by the partner. It is also submitted before Ld. A.O. that the cash found during the course of the survey belonging to sister concern not belonging to the assessee. The Assessing Officer after considering the explanation given by the assessee made an addition on the ground that the assessee is not able to substantiate that the CASH found during the course of the survey b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the Director of the company. Therefore, the addition made by the A.O. may be deleted and the order passed by the CIT(A) may be reversed. 11. On the other hand, the learned DR has submitted that during the course of the survey the Director of the company admitted that the cash found at the time is relating to the unaccounted sales of the assessee firm. Subsequently, he retracted on 19.04.2010, the statement is filed before the A.O. during the course of the survey after 3 years cannot be accepted, it is only an afterthought. Insofar as other submissions of the learned counsel for the assessee, the learned DR further submitted that the cash found during the course of the survey is belonging to the sister concern as per the assessee but ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssure, distress and I simply singed the papers placed before me. This retraction letter as produced before the A.O. during the course of the assessment proceedings. When the A.O. was asked the assessee why this letter is not communicated to the department immediately, why this is placed before me after 3 years the assessee has not given any explanation before the A.O. Therefore, the A.O. is of the opinion that retraction made by the assessee on 19.04.2010 placed before him during the course of the assessment proceedings only afterthought and it cannot be accepted. We find that the assessee has not given any explanation before the A.O. why the retraction letter dated 19.04.2010 is placed before the A.O. during the course of the assessment pr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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