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TMI Blog2019 (3) TMI 6X X X X Extracts X X X X X X X X Extracts X X X X ..... part" which is a well known law as per principals of admissions as evidence in law. 2. That under the facts and circumstances of the case ,the Ld CITA(A)-21 not properly applied her mind in my application and documents submitted during appleal proceedings 3. That under the facts and circumstances of the case ,the Ld CIT(A)- 21 was not justified in approving the order by Ld AO that 16.40 Lakh as unexplained income . 4. That under the facts and circumstances of the case, the Ld CIT(A)- 21 was not justified in approving the order by Ld AO that cash deposit of 4.00 Lakh as unexplained income 5. That under the facts and circumstances of the case ,the Ld CIT(A)- 21 was not applied her mind in calculating the capital/capital loss and take ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... capital gain and income from other sources. AO observed that the buyer's address from the sale deed, PAN database as well as the latest ITR was used to contact the buyer. A notice u/s. 133(6) of the Act dated 22.12.2016, was sent to all the three addresses of the buyer Shri Ansar. No response came from any of the addresses of the buyer. Finally, a summon u/s. 131 of the Act was issued for Sh. Ansar asking him to appear before the undersigned personally on 15.3.2016 with the relevant documents, but none appeared nor any of the document or information was filed. Thereafter, the AO observed that the explanation offered by the assessee about the source of money seized from him is neither tenable nor acceptable. Hence, he held that an amount of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion that Ld. CIT(A) was not justified in approving the order by Ld AO that 16.40 Lakh as unexplained income and also was not justified in approving the order by Ld AO that cash deposit of 4.00 Lakh as unexplained income. He further stated that Ld CIT(A) was not applied her mind in calculating the capital/capital loss and taken a unilateral decision. Hence, he requested that additions in dispute may be deleted and also requested to rework the calculation of capital loss, as requested by the assessee. In view of above, he requested to allow the appeal of the assessee. 4. On the other hand, Ld. DR relied upon the order of the Ld. CIT(A) and stated that he has passed a well reasoned order which does not need any interference. 5. I have heard ..... X X X X Extracts X X X X X X X X Extracts X X X X
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