TMI Blog2019 (1) TMI 1006X X X X Extracts X X X X X X X X Extracts X X X X ..... ddition has been made only for the cash sale bill. In our opinion, when the books of accounts including the cash books were accepted by the AO. There was no occasion to doubt the cash sale of the excisable goods particularly when the assessee furnished all the relevant documents relating to the sale vide Bill No. 395. We, therefore, considering the totality of the facts delete the impugned addition made by the AO and sustained by the learned CIT(A) Penalty u/s 271(1)(c) - Held that:- Since the addition sustained by the learned CIT(A) has been deleted in the former part of this order while deciding the appeal of the assessee therefore, the impugned penalty is also directed to be deleted. - Appeals of the assessee are allowed. - ITA No.22 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7; 3,44,006/-. Copy of weighment slip etc,. The AO noticed that the assessee was having opening cash balance of ₹ 2,84,559/-. However, he did not accept the cash on account of cash sale of ₹ 3,44,006/- for the reason that the existence of the firm M/s Ubhi Agro Industries at G.T. Road Nabha was not proved. Accordingly addition of ₹ 3,44,006/- was made. 4. Being aggrieved the assessee carried the matter to the learned CIT(A) who sustained the addition by observing in para 4.10 of the impugned order as under:- 4.10 It is not a case of normal cash sale but is a case where cash was seized in the course of assembly elections and therefore, the onus is higher on the appellant to prove the sources of available cash in han ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e maintained the proper books of accounts in which the cash in hand at ₹ 6,28,025/-on 27.12.2011 was reflected. Out of the said amount assessee was travelling with cash of ₹ 6,00,000/- which was handed over by the police to the Income Tax Department. It was submitted that there was cash sale of ₹ 3,29,508/- vide bill no. 395 on the same date i.e. 27.12.2011. In the said bill, an amount of ₹ 14,498/- was charged on account of Sales Tax, Surcharge and ₹ 27,871/- for Excise Duty. It was further submitted that the copy of Excise Register was furnished before the AO and quantitative tally was also accepted, therefore, there was no reason to doubt the cash sales particularly when books of accounts had not been reject ..... X X X X Extracts X X X X X X X X Extracts X X X X
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