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TMI Blog2022 (8) TMI 451X X X X Extracts X X X X X X X X Extracts X X X X ..... osit made. Once the assessee is unable to prove the cash deposits, we have no alternative except to confirm the addition. Accordingly, in these two years, there is no reason to delete the addition and hence, we confirm the order of CIT(A) and dismiss the appeals of assessee. - ITA Nos. 823 & 824/CHNY/2020 - - - Dated:- 3-8-2022 - SHRI MAHAVIR SINGH , VICE PRESIDENT AND SHRI MANOJ KUMAR AGGARWAL , ACCOUNTANT MEMBER Appellant by : Shri S. R. Raaman , Advocate Respondent by : Shri AR. V. Sreenivasan , Addl. CIT ORDER PER MAHAVIR SINGH , VICE PRESIDENT : These appeals by the assessee are arising out of two different orders of Commissioner of Income Tax (Appeals)-10, Chennai in ITA No.159 167/CIT(A)-10/2018-19 bot ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... years is exactly identical and grounds raised and statement of facts filed is verbatim except the quantum. Even the assessment order and the order of CIT(A) in both the years is verbatim except the quantum. Hence, we will take the facts from assessment year 2011-12 in ITA No.823/CHNY/2020 and will decide the issue. For the above issue, the grounds raised by the assessee reads as under:- 1. The order passed by the learned Commissioner of Income Tax (Appeals) dismissing the appeal filed by the appellant is arbitrary and bad in law. The ld. CIT (Appeals) has grossly erred in allowing the net addition of Rs.26,13,200 for AY 2011-12 made by the AO treating the net cash deposits as unexplained money u/s 69A levying a tax demand of Rs. Rs.13,5 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ome Tax- ITAT Lucknow b) Subhash Chand Sharma, Agra vs Ito-2(2), Agra- ITAT Agra 7. Further the appellant craves leave for adducing necessary evidence, amendments, explanations including written one to the aforesaid grounds and also additional grounds in the course of hearing of the appellate proceedings. 4. Brief facts are that the assessee Shri Yedla Sudhakar is a salaried individual deriving income from salary and he does not have any other source of income. The AO got the information that the assessee has made cash deposits in his savings bank account maintained with ICICI bank amounting to Rs.33,09,000/- in assessment year 2011-12 and Rs.65,37,000/- in assessment year 2012-13. For assessment year 2012-13, the bifurcati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . The assessee only pleaded mercy that since the assessee was not aware of tax implication owing to substantial cash deposit in his bank account, he did not object to the transactions by Shri Subbarao. It was also explained that in the year 2015, Shri Subbarao suffered huge losses and later, he died of heart attack. Since then, the assessee does not have any ties with the family after 2015 and he is unable to provide any evidence of Shri Subbarao business transactions. The assessee only pleaded that the AO and CIT(A) violated the principles of natural justice by passing order without giving sufficient opportunity to adduce evidence and the AO CIT(A) grossly erred in their assessment and appellate proceedings by treating the net cash trans ..... X X X X Extracts X X X X X X X X Extracts X X X X
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