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TMI Blog2022 (1) TMI 833X X X X Extracts X X X X X X X X Extracts X X X X ..... d as under:- "Ground of Appeal 1: Ground of Appeal 1.1: The sale deed of Rs. 343000.00 dtd. 21/10/10 in respect of cash source of the said addition amount produced and the learn CIT(A) failed to appreciate that the necessary evidence were filed by the appellant before the A.O. thereby discharging their onus to prove the source of the said cash deposits in their bank account. Ground of Appeal 1.2: Mrs. Truptiben N. Shah (wife of assessee) was earned Cash Income of Rs. 143500.00 from Tuition Income during the relevant assessment year and the same was deposited in bank account (jointly held with Mr. Nirav R. Shah). On the facts and under the circumstances of case, CIT(Appeals) was not justified in refusing the explanation. Ground of Ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er words, though an element of guess work is involved in best judgment it should not be a wild one, as held by the Supreme Court in the case of State of Kerala v. Velukutti [1966] 60 ITR 239." 3. The solitary issue in the present appeal relates to addition made to the income of the assessee on account of alleged unexplained cash deposited in the bank account of the assessee amounting to Rs. 10,15,000/-. 4. The facts of the case are that in re-assessment proceedings initiated on the assessee u/s. 147 of the Act, notices issued to the assessee remained un-responded and, the Assessing Officer therefore passed an ex-parte order u/s. 144 of the Act r.w.s. 147 of the Act, treating the cash deposited in the bank account of the assessee, amountin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lly considered out not found tenable as there is no supporting evidence and justification of opening balance and sources of cash deposit during the year was filed before the A.O. It is also noted that during appellate proceeding also no explanation and sources of details were filed. Since the sources of cash deposit and genuineness of opening balance of cash in hand of the appellant is not established in view of the detailed discussion by the A.O. in the assessment order therefore, the addition made by the A.O. is confirmed." 5.1. Before us, the ld. counsel for the assessee contended that on the date the assessment order was passed i.e. on 18-12-2018, he had filed a reply on the web portal of the Income Tax Department justifying the source ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssee without even dealing specifically with them. Ld. Counsel has pointed out that the source of cash deposited in bank had been explained as out of land sold, and withdrawals from the account itself as also tuition fees earned in cash by his wife who was joint holder of account. As evidence copy of sale deed of land and copy of bank account was filed. But we find and agree with the Ld. Counsel that these contentions were not dealt with by the Ld. CIT(A). The assessee has also contended filing the same to the AO on the web portal of the department. An affidavit to this effect, alongwith acknowledgement of filing reply on web portal was also filed to the CIT(A). 6.1. Since the contentions of the assessee clearly have remained unaddressed, w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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