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2022 (5) TMI 1229

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..... the marriage of his daughter as well as for purchase of some items for the shop. A sum of Rs.6,01,600/- was deposited in the bank account of the assessee on 21/12/2016 and a RTGS was issued on 22/12/2016. It was transferred in the account of M/s. Triven Tracom Pvt. Ltd. According to the assessee, it was given for the purpose of purchasing sugar for trading. If we appreciate the explanation of the assessee by looking at his bank account, then, we find force in his submissions. In day to day behavior, nobody kept the details in a meticulous manner, more particularly the section of the society which is struggling for survival. We could have appreciated the case of the revenue authorities if they were able to lay their hands on other asse .....

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..... rounds of appeal. However, his grievance is that the ld. First Appellate Authority has erred in confirming the addition of Rs.12,70,100/- which was added by the Assessing Officer with the aid of Section 69A of the Act. 3. Brief facts of the case are that, the assessee did not file his return of income. However, the department was able to lay its hand on the information through Annual Report Wing, that the assessee had deposited a sum of Rs.12,70,100/- at Axis Bank, Kuari Bujurg, Vaishali Branch in Account bearing no. 915020026096800. The Assessing Officer has issued a notice u/s 142(1) of the Act inviting the assessee to file its return of income. According to the Assessing Officer, the assessee failed to submit the return and the Assess .....

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..... see has also placed copy of the bank statement with Axis Bank. The ld. Counsel for the assessee raised two fold submission. He submitted that the assessee is running a kirana store (general store) in a small village on account of non-availability of internet and other technological facilities, it was very difficult for the assessee to prepare and submit the details before the Assessing Officer. The affidavit and the confirmation depict the true affairs of the family of the assessee. He further contended that in case the evidence already on record are not sufficient for the satisfaction of the Tribunal, the issue may be set aside to the file of the Assessing Officer for fresh adjudication. 5.1. The ld. D/R, on the other hand, contended th .....

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..... to be appreciated that the assessee is running a small shop in a rural area. He has explained the source as contribution from his father and brother towards the marriage of his daughter as well as for purchase of some items for the shop. A sum of Rs.6,01,600/- was deposited in the bank account of the assessee on 21/12/2016 and a RTGS was issued on 22/12/2016. It was transferred in the account of M/s. Triven Tracom Pvt. Ltd. According to the assessee, it was given for the purpose of purchasing sugar for trading. If we appreciate the explanation of the assessee by looking at his bank account, then, we find force in his submissions. In day to day behavior, nobody kept the details in a meticulous manner, more particularly the section of the soc .....

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