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TMI Blog2019 (4) TMI 1020X X X X Extracts X X X X X X X X Extracts X X X X ..... bove grounds of appeal at any time either before or during the course of hearing of this appeal." 3. In ground no. 1 of the appeal, the grievance of the assessee is that the Commissioner of Income Tax (Appeals) erred in confirming addition of Rs. 19,00,000/- on account of cash deposit in bank account. 4. We have heard the rival submissions and perused the orders of the lower authorities and materials available on record. The assessee in the return of income filed on 29.07.2010 has shown gross total income at Rs. 56,17,881/- which comprised of salary income of Rs. 6,00,000/-, business income declared u/s 44AD of the Act of Rs. 5,93,385/- and income from other sources of Rs. 44,24,496/-. 5. The income from other sources was as under: "Interest Bank SB Account 24496 Cash Credits in Bank 1900000 Other Income 2500000 Total 4424496" 6. During the course of assessment proceedings, the assessee furnished a revised computation before the Assessing Officer wherein he declared income from other sources as under: "Interest Bank SB Account 24496 Other Income 2500000 Total 2524496" 7. The assessee claimed before the Assessing Officer that deposit of Rs. 19,00,000/- in t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the Tribunal and the High Court, was dismissed making clear that the decision was limited to the power of the assessing authority to entertain claim for deduction otherwise than by a revised return, and did not impinge on the power of the Tribunal." 14. In view of the above, in our considered opinion, it shall be in the interest of the justice to restore this matter back to the file of the Assessing Officer for re-adjudication after proper verification. 15. Needless to mention that the Assessing Officer shall allow reasonable opportunity of hearing to the assessee before re-adjudicating the issue as per law. Hence, this ground of appeal of the assessee is treated as allowed for statistical purposes. 16. In ground no. 2 of the appeal, the grievance of the assessee is that the Commissioner of Income Tax (Appeals) erred in confirming addition of Rs. 19,00,000/- against the declared agriculture income of Rs. 20,00,000/- by treating it as undisclosed income u/s 68 of the Act. 17. We have heard the rival submissions and perused the orders of the lower authorities and material available on record. In the instant case, the assessee claimed agriculture income at Rs. 20,00,000/-. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ered by the decision of the ITAT, Delhi 'B' Bench order dated 05.12.2018 in ITA No. 1931/Del/2016 (AY 2010-11) in the case of Inder Singh vs. ITO, Ward 43(3), New Delhi wherein, the Tribunal has adjudicated the similar and identical issue to the issue in dispute by holding as under:- "5. We have heard both the parties and perused the records and the case laws cited by the Ld. counsel for the assessee. We find that in this case return of income was filed on 31.3.2011 declaring an income of Rs. 6,5,454/- inclusive of agricultural income of Rs. 2,60,800/- after availing deduction under Chapter VIA amounting to Rs. 1,00,000/-. The AO completed the assessment at Rs. 1,01,35,450/- against the returned income of Rs. 6,55,454/- and made the various additions. In appeal, Ld.CIT(A) has partly allowed the appeal of the assessee. We find that in this case also AO has invoked the Section 68 of the Act on cash deposits found in the bank accounts. It is correct that since no books of account are maintained in the ordinary course of business of the assessee, no such addition u/s 68 of the Act is tenable. Therefore, in our considered opinion the legal ground in dispute is squarely 8 covered b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n source of cash deposited in bank account and, therefore, Ld. AO was right in invoking provisions of section 68 of the Act. 10. We have heard both sides in light of records placed before us. 11. Admittedly, assessee has not maintained any books of accounts, and it is also an 11 undisputed fact that cash has been deposited in saving bank account of assessee, which he explains to be sale proceeds received on sale of agricultural plot. Ld. AO applied provisions of section 68 of the Act to cash found deposited in bank account, since assessee could not explain source to satisfaction of Ld. AO, and by holding that, assessee has not discharged identity, credibility and most importantly genuineness of transaction. 12. It has been vehemently canvassed by Ld.AR that passbook/bank statement obtained from a bank do not construe "books of account" of assessee, as defined under section 2(12A) of the Act. It is also been proposed by Ld.AR that section 68 of the Act is not applicable, when assessee does not maintain any books of accounts. He, thus, vehemently argued that, provisions of section 68 is applicable, only when, no explanation and/or explanation offered by assessee is not satisfac ..... X X X X Extracts X X X X X X X X Extracts X X X X
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