9911796707
TMI Blog2023 (2) TMI 561X X X X Extracts X X X X X X X X Extracts X X X X ..... and circumstances of the appellant's case. 2. The appellant denies himself liable to be assessed on a total income of Rs. 16,83,980/-, in the assessment order passed u/s. 143[3] rws 147 of the Act as against the returned income of Rs. 2,77,830/- for the year under appeal, under the facts and in the circumstances of the appellant's case. 3. The learned CIT[A] is not justified in sustaining the addition to the extent of Rs.10,06,150/- out of the original addition of Rs. 14,06,150/- as unexplained cash deposited in the bank account rejecting the bonafide and truthful explanation tendered by the appellant that the cash was deposited from out of known and explainable sources under the facts and in the circumstances of the appellant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h this Tribunal, the assessee was of the impression that he would engage some other Advocate on his behalf to file the appeal before this Tribunal. However, he failed to take appropriate steps to file the appeal before the Tribunal. Finally the assessee approached one more Chartered Accountant, Mr. Sunil, who advised the assessee to engage the present counsel, Shri V. Srinivasan. Accordingly the assessee engaged the present counsel and thus caused the delay in filing of the appeal before this Tribunal. Further she prayed that this delay was on account of circumstances beyond his control and the delay is neither intentional, wilful nor deliberate and prayed to condone the delay and admit the appeal for adjudication. 4. On the other hand, th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... delay of 39 days in filing the appeal before the Tribunal. The learned A.R. submitted that the assessee given the order of the learned CIT(A) to Shri Manjunath Hegde, Chartered Accountant to file appeal before the Tribunal. However, he was not well conversant with the appeal proceedings before the Tribunal. Hence, he failed to file the appeal in time. Later the assessee contacted one more Chartered Accountant, Shri Sunil, who advised him to engage the present counsel Shri V. Srinivasan and thus caused the delay of 39 days in filing this appeal before this Tribunal. In my opinion, the short delay of 39 days was beyond the control of the assessee and it is neither intentional, wilful nor deliberate. Accordingly the Delay was due to the inabi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch on Friday. The assessee's explanation was not acceptable by the AO for the following reasons: (i) The assessee has not declared any agricultural income as per the Return of Income filed and has not furnished any details of crops grown, bills/receipts in proof of sale of agricultural produce, (ii) The claim of amounts returned by brother, hand loan taken from father and amounts claimed to have been re-deposited from out of earlier withdrawals are not supported by any documentary evidence, (iii) It has not been explained with supporting material or evidence as to why the assessee had to withdraw cash on Friday and re-deposit the same on the next day in order to maintain the standard cash limit of the branch. Accordingly, AO adde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s.) 1 Agricultural Income 2,33,000 2 Gift from brother 10,000 3 Loan from father 1,45,000 4 Gift from father 1,20,000 5 Withdrawal from bank account 6,23,000 Total 11,31,000 However, the assessee deposited Rs.14,06,150/- into assessee's bank account. The assessee filed confirmations from the parties from whom he received the money. He also filed details of copies of RTC showing owning of agricultural land at around 2 acres 4 gundas. According to the learned D.R. the assessee has not disclosed his agricultural income in his return of income, hence, it cannot be believed. In my opinion owning of agricultural land measuring 2 acres and 4 gundas is supported by RTC copy. Hence, earning of agricultural income cannot be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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