Tax Management India. Com
                        Law and Practice: A Digital eBook ...

Category of Documents

TMI - Tax Management India. Com
Case Laws Acts Notifications Circulars Classification Forms Manuals SMS News Articles
Highlights
D. Forum
What's New

Share:      

        Home        
 

TMI Blog

Home List
← Previous Next →

2019 (9) TMI 351

..... the maintenance charges to the assessee, therefore, the cash deposit in the bank account stands explained being the amount received from Datamation. Accordingly, the same is deleted. Ground of appeal No.2 by the assessee is allowed. Addition on account of electricity charges received from Datamation Consults Pvt. Ltd. - HELD THAT:- Explanation of the assessee that he has debited the electricity bill from his bank account for electricity used by Datamation and other parties in the earlier years which were received by him in cash during the current financial year was rejected. In appeal, the ld.CIT(A) upheld the action of the Assessing Officer. As mentioned in the preceding paragraph, during the penalty appeal before the CIT(A) the assessee h .....

X X X X X X X

Full Text of the Document

X X X X X X X

..... ary view than the view taken by the CIT(A) on this issue. Accordingly, Ground No.5 is dismissed. - ITA No.5447/Del/2012, ITA No.3975/Del/2016 - 6-9-2019 - Shri R.K. Panda, Accountant Member For the Assessee : Ms Vandana Gopal Sharda, CA For the Revenue : Shri S.L. Anuragi, Sr. DR ORDER The above two appeals filed by the assessee are directed against the separate orders of the CIT(A)-37, New Delhi relating to assessment year 2007-08. 2. While the assessee in ITA No.5447/Del/2012 has challenged the order of the CIT(A) in sustaining the various additions made by the Assessing Officer, the assessee, in ITA No.3975/Del/2016, has challenged the order of the CIT(A) in confirming the penalty levied u/s 271(1)(c) of the Act amounting to ₹ 51,2 .....

X X X X X X X

Full Text of the Document

X X X X X X X

..... 12,000/- on every month in cash or by cheque in advance latest by 7th day of respective month, besides 10% yearly revision will be added as applicable. However, the Assessing Officer rejected the same on the ground that it is not understood as to how the assessee has carried on the maintenance work without receiving any amount from Datamation Consultants. Further, no other agreement was brought to his notice to substantiate that certain receipts were outstanding as on 31.03.2006 which was not received during the year. He, therefore, held that the deposit of cash to this extent is afterthought. He accordingly treated this as unexplained cash deposit in the bank account of the assessee. In appeal, the ld.CIT(A) upheld the action of the Assess .....

X X X X X X X

Full Text of the Document

X X X X X X X

..... eedings before the CIT(A). Therefore, the addition made by the Assessing Officer is uncalled for. 10. The ld. DR, on the other hand, heavily relied on the order of the Assessing Officer and the CIT(A). 11. After hearing the rival arguments made by both the sides and on perusal of the various details furnished by the assessee in the paper book, I am convinced that the assessee has successfully demonstrated the cash deposit of ₹ 3,73,459/- received from Datamation Consultants Pvt. Ltd. towards maintenance charges. Further, a perusal of the order of the CIT(A) shows that while adjudicating the penalty appeal the assessee filed certain certificates from Datamation which were forwarded to the Assessing Officer for his verification and the .....

X X X X X X X

Full Text of the Document

X X X X X X X

..... er. As mentioned in the preceding paragraph, during the penalty appeal before the CIT(A) the assessee had filed certain details/confirmations which were sent by the CIT(A) to the Assessing Officer for the remand report. The Assessing Officer, in the remand report had confirmed that Datamation has orally confirmed that they are paying maintenance and electricity charges to the assessee. Since the statement of the assessee has been corroborated by Datamation during the remand proceedings before the Assessing Officer, therefore, I am of the considered opinion that no addition is called for. Accordingly, ground of appeal No.3 by the assessee is allowed. 14. In ground of appeal No.4, the assessee has challenged the order of the CIT(A) in confirm .....

X X X X X X X

Full Text of the Document

X X X X X X X

..... not been found to be false or untrue. Further, the amounts are very small. Considering the totality of the facts of the case, I am of the considered opinion that the addition made by the Assessing Officer and sustained by the CIT(A) is not justified. Accordingly the same is deleted and the ground raised by the assessee is allowed. 16. In ground No.5, the assessee has challenged the order of the CIT(A) in confirming the addition of ₹ 5,000/- made by the Assessing Officer being the amount received from Mr. Deepak. 17. After hearing both the sides, I find the Assessing Officer rejected the source of deposit of cash amounting to ₹ 5,000/- on the ground that the assessee could not substantiate with evidence to his satisfaction that h .....

X X X X X X X

Full Text of the Document

X X X X X X X

 

 

← Previous Next →

 

 

|| Home || About us || Feedback || Contact us || Disclaimer || Terms of Use || Privacy Policy || Database || Members || Refer Us ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.
|| Blog || Site Map - Recent || Site Map ||