TMI Blog2022 (2) TMI 431X X X X Extracts X X X X X X X X Extracts X X X X ..... e claim made in the return of income would promote the cause of justice. Accordingly, admit the additional evidences furnished by the assessee. Since both the issues required to be examined afresh duly considering the additional evidences furnished by the assessee,we set aside the order passed by Ld. CIT(A) on both the issues and restore them to the file of AO for examining them afresh. Appeal filed by the assessee is allowed for statistical purposes - ITA No. 405/Bang/2021 - - - Dated:- 1-2-2022 - B.R. Baskaran, Member (A) For the Appellant : Hari Kutsa, A.R. For the Respondents : Ganesh R. Ghale, Standing Counsel ORDER Per B.R. Baskaran, Accountant Member The assessee has filed this petition challenging the orde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... khs from his brother-in-law named Shri Srinivas Patil. He also filed a confirmation letter from the above said person. Since the assessee did not furnish any other detail, the A.O. assessed the cash credit of ₹ 23 lakhs as unexplained cash credit and levied tax u/s. 115BBE of the Income-tax Act, 1961 ['the Act' for short]. The assessee had also declared agricultural income of ₹ 7,33,044/-. Since the assessee did not furnish any evidence in support of the claim of agricultural income, the A.O. treated the same also as income under the head income from other sources and levied tax u/s. 115BBE of the Act. The Ld. CIT(A) confirmed both the additions and hence the assessee has filed this appeal before the Tribunal. 6. Wi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted and this issue may also be restored to the file of the A.O. 8. The Ld. D.R. on the contrary, strongly opposed to the prayer of the Ld. A.R. He further submitted that the balance sheet of the assessee merely mentions hand land from relative . The name of the relative is not given in the balance sheet. Accordingly, the Ld. D.R. submitted that the claim of the assessee that the impugned amount of ₹ 23 lakhs represent opening balance is not proved. With regard to the agricultural income, the Ld. D.R. submitted that the agricultural loan belonged to the family during the year under consideration and the assessee has become owner only through the partition deed dated 15.10.2020. Accordingly, the Ld. A.R. submitted that the claim of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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