9911796707
TMI Blog2013 (11) TMI 1741X X X X Extracts X X X X X X X X Extracts X X X X ..... in proceedings under section 143(3) of the Income-tax Act, 1961 (in short the 'Act'). 2. At the outset, the ld. DR representing Revenue, submits that the instant appeal is time barred by a day's delay in filing. He invites our attention to the condonation petition dated 11.6.2013 in the shape of affidavit stating therein that since the approval papers in filing the present appeal were received on 10.6.2013 at 5:45PM i.e last date for filing the appeal, it could be initiated on the next day i.e 11.6.2013 leading to delay of one day in filing. The assessee has been fair enough not to oppose the aforesaid condonation plea. Accordingly, the delay in filing the appeal of one day stands condoned. 3. Coming to merits, the sole and substantive g ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7; 5,21,707/-, ₹ 8,10,456/- and ₹ 13,75,235/-, respectively. We find from the assessment order dated 28.12.2011 that he could not explain he source of cash deposits and payments of credit cards to the extent of ₹ 34,86,141/- by giving names of payees alongwith other necessary details. Accordingly, the Assessing Officer added the said sum in assessee's income u/s 69 of the Act in the nature of unexplained expenditure. 7. Aggrieved, the assessee preferred appeal before the CIT(A). In the lower appellate proceedings, gist of his arguments was that one of his friend namely Shri Neelamegan had used his credit cards and paid back the sums withdrawn in the accounts. We find that the CIT(A) has accepted the assessee's contentions ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0 5 Kotak Credit Cards 4166461300060908 Rs.150,000 3. During the year the above credit cards are used by him for his personal use and by Mr.Neelamegan, a Ex Colleague who was working along with him in same company and the said Mr.Neelamegan used his credit card in the stores of Sai Akash Decors, Aruna Pharmacy, Jaya Medicals and CR Agencies. 4. Mr.Neelamegan has mostly used the Assessee credit card and enjoyed the credit Limit of assessee like short term Loans. 5. Mr.Neelamegan only used the credit card in following stores Sai Akash Decors, Aruna Pharmacy and Jaya Medicals, CR Agencies and the Assessee has not used the credit cards in the above stores and the assessee has not entered any transaction with the above stores for any o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as unexplained expenditure. However these amount were given by Mr. Neelamegan for the usage by him through Cheque, cash and Fund transfer /Direct Deposit. 14. During the Assessment procedure the assessee given the details of amount received and the details of Repayment of Credit cards and Bank Statements. 15. The assessing officer consider only the payment and not consider the amount credited as above in the Assessee Bank Account when analysing the Bank statements produced by the assessee. 16. The assessing officer considered the credit card dues paid only through bank modes when analysing the bank statement for credit card payments but did not considered the amount of Receipts. 17. The Bank statement is the clean evidence for Mr.Ne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... card dues. Assessing office treated the credit card payment as unexplained Expenses and not considered the amount credited in the bank account. We make the request to consider both the Payment and Deposit (i.e Debit and Credit) as shown in bank Statement, the debit are the payment for the credit cards and Credit are the only source for the payment of such credit card dues. We request you to consider both deposit and payment of Credit Card Swiped. For the above grounds and such other grounds as may be raised at the time of personal hearing, the Assessee pleads that the order passed by the Assessing Officer should be set aside." 4. From the above, it is apparent that the credit cards of the appellant were allowed to be used by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s - withdrawal and repayments. In this background, there is no need to bring in the rigors of the section 69 since both withdrawals and repayments are explained. Thus, the addition of ₹ 34,86,141/- under section 69 by treating the withdrawals alone and ignoring the sources for the repayment, does not stand on a single leg also. The AO is directed to delete the addition. 6. Appeal is allowed." Therefore, the Revenue has filed the instant appeal. 8. We have heard both parties at length and perused the case file. The question sought to be raised by the parties is as to whether the CIT(A) has wrongly deleted the addition of ₹ 34,86,141/- or not. In this backdrop it is evident to us that in the course of 'scrutiny', the assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X
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