9911796707
TMI Blog2020 (11) TMI 980X X X X Extracts X X X X X X X X Extracts X X X X ..... arisen before learned CIT(A) from assessment order dated 23.12.2011 passed by learned Assessing Officer (hereinafter called "the AO") u/s 143(3)of the Income-tax Act, 1961 (hereinafter called "the Act") for ay: 2009-10. We have heard both the parties through video conferencing mode through virtual court. 2. The grounds of appeals raised by assesse in memo of appeal filed with Income- Tax Appellate Tribunal, Allahabad ( hereinafter called " the tribunal" ) reads as under : "1. That in any view of the matter assessment framed as per order dated 16.12.2012 u/s 143(3) is bad in both in fact of law and the addition were made without considering the facts properly. 2 That in any view of the matter income from truck plying business maintained ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... & 5 as not being pressed. We order accordingly. 4. Ground no. 1, 6 & 7 are general in nature and does not require separate adjudication more-so no contentions were raised by learned counsel for the assessee with respect to these grounds thereto and hence these grounds of appeal nos. 1,6 and 7 are dismissed as being general in nature. We order accordingly. 5. Now, we are left with grounds no. 3 & 4 raised by assessee in memo of appeal filed with the tribunal against which both the parties have raised arguments vehemently in support of their contentions. The assessee being aggrieved by the additions made to his income by the AO which was later confirmed by ld. CIT(A) has raised grounds no. 3 & 4 in memo of appeal filed with tribunal challe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... peal with Ld. CIT(A) and the assessee made submissions before learned CIT(A) that out of the above amount , an amount of Rs. 2,44,222/- was on account of advance finance charges on loan granted by financier for purchase of truck which were collected in advance and added to the cost of truck for the purposes of funding by the financier and further an amount of Rs. 90,000/- were insurance being paid by the finance company on behalf of the assessee for acquisition of the truck which has been added to the cost of the truck for the purposes of granting/funding loan. It was further submitted that Rs. 71,199/- was paid by the assessee on 18.03.2008 which was accepted by the Revenue. The learned CIT(A) did not accepted the explanation filed by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd addition which is agitated by assessee before us is with respect to an amount of Rs. 5,37,000/-towards cash deposits made in Axis Bank Account during the year under consideration. The said bank account with Axis Bank was not disclosed by the assessee in its return of income filed with the Revenue. The total cash deposits of Rs. 20,37,000/- were made by the assessee in the said bank account with Axis Bank during the year under consideration, which stood added by the AO in the absence of explanation filed by the assessee. The assessee had explained cash deposit of Rs. 15 lakhs before the Ld. CIT(A) and explanations as to sources of these cash deposit to the tune of Rs. 15 lacs was accepted by Ld. CIT(A) as being from coal business and the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ort and justify its stand. The AO is directed to admit all evidences filed by assessee in its support and the same be adjudicated denovo on merits in accordance with law. Needless to say that the AO shall provide proper and adequate opportunity of being heard to the assessee in accordance with principles of natural justice in accordance with law, in denovo proceedings as directed by us. This ground of appeal bearing number 4 filed in memo of appeal filed with tribunal is allowed for statistical purposes. We order accordingly.
8. In the result, appeal filed by the assessee with tribunal in ITA No. 99/Alld./2014 for ay: 2009-10 is partly allowed for statistical purpose.
Order pronounced on 26/11/2020 at Allahabad. X X X X Extracts X X X X X X X X Extracts X X X X
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