TMI Blog2020 (1) TMI 1059X X X X Extracts X X X X X X X X Extracts X X X X ..... Addition u/s 69A - Appellant has not substantiated explanation as to the source of investment - HELD THAT:- Before sustaining the addition, it is incumbent upon the authorities concerned to examine the contentions of the affidavit by examining the concerned parties, which the authorities failed to do. Further, the AR pleaded that the assessee sold a property of 9 acres 37 guntas in Hagarga village and he is ready to produce the relevant documents. Thus, pleaded that the assessee may be granted an opportunity to furnish the same before the lower authorities. In the interest of justice I grant the assessee an opportunity to produce the relevant sale documents before the Assessing Officer, regarding the receipt of ₹ 5 lakh from the sale of the said property. Further, the assessee has taken a plea that she has saved ₹ 20 lakh from several years and sales proceeds of agricultural land sold earlier. Thus, the assessee is directed to produce the relevant details also before the lower authorities. Accordingly, we remit the entire issue to the file of the Assessing Officer for fresh consideration. The assessee is directed to co-operative with the Department with necessary ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e appellant in the appeal to be filed by me before the honorable ITAT, Bengaluru on 23/10/2019 and I am aware of the facts of the case and hence I swear to this affidavit. 4. That there is a delay of 268 days in filing the appeal and hence a petition for condonation has been filed along with the appeal memo. 5. That whatever is stated in the petition for condonation of delay accompanying this affidavit is true to the best of my knowledge and belief and I believe them to be true. 6. I am conversant with the facts of the case and hence I swear to this affidavit. 7. That what is stated in para 1 to 6 thereof is true to the best of my knowledge and belief and I believe them to be true and hence I am swearing to the affidavit. Solemnly affirmed on this day 24th November, 2019. Accordingly, the assessee prayed for condonation of delay of 268 days. 3.2 The learned Departmental Representative strongly opposed the condonation of delay. 4. I have heard the rival submissions and perused the material on record. In the present case the assessee hers ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssued to the assessee duly indicating that in absence of not furnishing any corroborative evidence(s), the assessment would be completed ul s 144 (Best Judgement) of the Act, depending on the facts of the case. In response to this final show cause notice, the authorized representative of the assessee appeared before the AO and the case was again adjourned to 15.12.2017. The ARs finally appeared on 15.12.2017 and submitted the following details:- (i) That the appellant owned agricultural land of about 18 acres 37 guntas situated at Hagarga village of Kalaburagi district. (ii) That she has sold about 8 acres in the year 2004. (iii) That the balance 10 acres and 37 guntas was used for agricultural operations till 2012 and sold the same during the year 2012. (iv) That before selling the above agricultural lands, she carried on agricultural activities in the above lands and the sources, which is reproduced as under:- 1. I have 3 sons viz. Ramesh M Poddar, who does furniture works, Satish M.Poddar who is in private service and Rajesh M Poddar is a Goldsmith. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ve given an amount of ₹ 5,50,000 to my mother Smt.Yashoda Bai Poddar during the F.Y. 2011-12. That I have given an amount of ₹ 8,00,000 to my mother Smt.Yashoda Bai Poddar during the F.Y. 2011-12. That the said amount is paid out of my own funds arising out of savings of my income from private service over a period of years. That the said amount is paid out of my own funds arising out of savings of my income from jewellery and other objects making (Goldsmith) over a period of year. That the said amount is paid out of my own funds arising out of savings of my income from furniture and carpentry works over a period of years. That I am satying with my mother and brothers in Hagarga village contributing small portion of my income towards common household expenses. That I am staying with my mother and borthers in Hagarga Village contributing small portion of my income towards common household expenditure. That I am staying with my mother and brothers in Ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ilable to the assessee to furnish any information / document before the AO cannot be accepted since Assessment was completed on 22.12.2017 and the remand report was submitted by the AO on 24.10.2018. Hence, there was almost ten months time available to the assessee / AR to substantiate their claims. Other than furnishing Affidavits, the assessee / AR has not produced any corroborative evidences even during the course of remand proceedings with regard to land holdings / survey numbers / details of land sold / agricultural activities carried over the period of years and the income earned therefrom. Hence, it is clear that the assessee has no information available to substantiate her claim. Accordingly, the addition made by the AO amounting to ₹ 45,00,000/- as unexplained income u/ s 69A of the I.T.Act, 1961, is sustained. In view of the above discussion, all the grounds of appeal are hereby dismissed. 8. Aggrieved by the order of the CIT(A), the assessee is in appeal before the Tribunal. The learned counsel for the assessee relied upon the grounds raised and on the other hand, the learned Departmental Representative relied upon the orders o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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