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TMI Blog2018 (9) TMI 1884X X X X Extracts X X X X X X X X Extracts X X X X ..... by: Shri Alok Kumar, Sr.DR ORDER Ms. Madhumita Roy, The instant appeal has been filed by the assessee before us against the order dated 20.01.2017 passed by the Commissioner of Income Tax(Appeals)-Ahmedabad-5 [Ld.CIT(A) in short] for Assessment Year (AY) 2013-14 arising out of the order dated 15.03.2016 passed by the ITO, Ward-5(3)(4), Ahmedabad. 2. The assessee has challenged the or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nnaire dated 03.03.2016, the assessee represented before the Assessing Officer (AO) along with detailed documents. The assessee has shown income from partnership as well as 'other sources'. Upon verification statement of IndusInd Bank it reveals that the assessee has made substantial cash deposit in the said account. The statement furnished by the assessee shows deposits of Rs. 7,02,700/- out of w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... A) on 28.03.2015. On that premise, the Ld. representative of the assessee prayed for deletion of addition of Rs. 5,49,900/-. 5. On the other hand, Ld. representative of the department relies upon the orders passed by the authorities below. 6. We have heard the Ld. representatives of appearing for the parties and we have perused the relevant materials on record. We find from the order passed by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The judgements cited by the assessee in support of his contention for deletion of addition has been considered by us, the relevant portion whereof is as follows:- "There is no dispute that Rs. 39,00,300/- was found to be deposited in the Savings Bank account with IndusInd Bank in A.Y.2011-12 and Rs. 13,10,400/- was found to be deposited in AY 2012-13. It is equally true that the explanation of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Ld. AR and the judgement passed by the Coordinate Bench in assessee's own case for the AYs 2011-12 & 2012-13(supra), in the similar set of facts, we respectfully following the same, modify the Ld. CIT(A)'s order and direct the AO to treat 50% of cash deposited as undisclosed income of the assessee. 7. In the result, appeal of the assessee is partly allowed. This Order pronounced in Ope ..... X X X X Extracts X X X X X X X X Extracts X X X X
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