TMI Blog2022 (1) TMI 422X X X X Extracts X X X X X X X X Extracts X X X X ..... owever, this plea has not been examined or considered at all by the Ld. CIT(A). CIT(A) has not given any finding on the assessee s plea that the agricultural income of aforesaid agricultural income should be given credit. We are of the view that these issues deserved to be considered more comprehensively by the Ld. CIT(A), which she failed to do; and instead she proceeded to pass a cryptic appellate order without proper analysis and without due consideration of the relevant facts - we set aside the impugned appellate order of the Ld. CIT(A) with the direction to pass a fresh appellate order in accordance with law, after providing reasonable opportunity to the assessee - Appeal of the assessee is partly allowed for statistical purposes. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e assessment order dated 30.03.2016 was passed by the Assessing Officer ( AO , for short), wherein an addition of ₹ 57,76,500/- was made on account of unexplained deposits in the assessee s bank accounts. The assessee filed appeal before the Ld. CIT(A). Vide impugned appellate order dated 24.11.2017, the Ld. CIT(A) deleted an amount of ₹ 27,59,346/- and confirmed the amount of ₹ 30,17,154/- out of the aforesaid total addition of ₹ 57,76,500/-. The relevant portion of the aforesaid order dated 24.11.2017 of the Ld. CIT(A) is reproduced as under: 3.2 I have examined the facts of the case and find that the appellant has sought to elaborate on the deposits and withdrawals in his bank account in view of land transact ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ultural sale proceeds from time to time were deposited in A/c no. 30669314991 with State Bank of India and account no. 17301530000706 with HDFC Bank Israna. Copies of Bank statement for the financial year 2012-13 relevant to the assessment year 2013-14 were submitted and explanation furnished. The A.O. has made additions of ₹ 3063000/- alleged unexplained cash deposits in A/c no. 30669314991 State Bank of India Israna and ₹ 2713500/- alleged unexplained cash deposits with A/c no. 17301530000706 with HDFC Bank Ltd Israna. Thus total additions made for ₹ 5776500/- Learned CIT(A) reduced the addition by ₹ 2759346/- and confirmed addition of ₹ 3017154/- being peek amount of both the banks. It was urged before the l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r 2009-10 (C) At the time of hearing before us, the Ld. Authorized Representative of the assessee ( AR , for short) placed reliance on the aforesaid documents filed from the assessee side, which has already been mentioned in foregoing paragraph No (B.2). In particular, he submitted that credit should be given for agricultural income of ₹ 5,50,000/- which was disclosed by the assessee in return of income and which was not disputed either by the Assessing Officer or by the Ld. CIT(A). He further submitted that the assessee s plea, urged before the Ld. CIT(A), to take profit on alleged peak amounts, was not considered by the Ld. CIT(A); and he further submitted that this plea should get due consideration in ITAT. (D) On the other ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) with the direction to pass a fresh appellate order in accordance with law, after providing reasonable opportunity to the assessee. Before passing the fresh order, the Ld. CIT(A) should consider the assessee s claim for credit on account of agricultural income and give specific finding after due consideration of facts and circumstances of the case. Further, before passing the fresh appellate order, the Ld. CIT(A) should examine whether the cyclical pattern of deposits and withdrawal in bank account were in the nature of the business activity; and if so, a reasonable amount of profit from such business activity should be brought to tax. By way of abundant caution, we wish to clarify that we are not giving any specific direction to the Ld. C ..... X X X X Extracts X X X X X X X X Extracts X X X X
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