TMI Blog2023 (4) TMI 108X X X X Extracts X X X X X X X X Extracts X X X X ..... t from the Assessing Officer. The assessee furnished complete details of agricultural land of such borrowers, though the NFAC/Ld. CIT(A) upheld the addition partly for the want of confirmation. Assessee has primarily discharged his onus by furnishing names and address of such borrowers to prove of identity and creditworthy of lender in the form of agricultural holding. Therefore, this ground of assessee is also restored back to the file of AO for considering the evidence furnished by assessee and to pass a speaking order in accordance with law. Appeal of the assessee is allowed for statistical purposes. - ITA No.263/SRT/2022 - - - Dated:- 31-3-2023 - Shri Pawan Singh, Judicial Member For the Assessee : Shri Sujesh C Suratwala, C.A For the Revenue : Shri Vinod Kumar, Sr-DR ORDER UNDER SECTION 254(1) OF INCOME TAX ACT PER PAWAN SINGH, JUDICIAL MEMBER: 1. This appeal by assessee is directed against the order of National Faceless Appeal Centre, Delhi [for short to as NFAC/Ld.CIT(A) ] dated 05.05.2022 for assessment year 2011-12, which in turn arises from the addition made by the Income Tax Officer, Ward-5, Navsari / Assessing Officer in assessment ord ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ee in order to verify, the information about cash deposit, the Assessing Officer issued notice under section 133(6) on 28.07.2017 to the bankers of the assessee. It was informed by the banker of assessee that there is cash deposited of Rs.15,90,670/- on various dates. As no response was made on the part of assessee against various notices, the Assessing Officer finally issued show cause notice dated 18.08.2017. The contents of such show cause notice is reproduced in para-5 of assessment order. The Assessing Officer recorded that again no response was made by assessee. The Assessing Officer in absence of any response or explanation on the part of assessee about nature and source of such deposit treated the deposits of Rs. 15,90670/- as unexplained income of assessee. 3. The Assessing Officer further noted that there are certain credit entries in the bank account of assessee aggregating to Rs.4,15,321/- which also remained unexplained. The Assessing Officer also made addition of Rs.4,15,321/- in the total income of assessee, vide assessment order dated 13.09.2017 passed under section 144 of the Act. 4. Aggrieved of the additions in the assessment order, the assessee filed appea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ctory and the details of bank account with copy of pass-book. 5. The NFAC/Ld. CIT(A) after considering the submission of assessee held that during the assessment, there was no compliance on the part of assessee with various show cause notices issued by Assessing Officer to explain the source of such cash deposits. During the course of appellate stage, the assessee explained that he deposited Rs.5,90,670/- in his bank account whereas there is addition of unexplained cash deposit of Rs.5,90,670/- out of which assessee claimed to have borrowed aggregating to Rs.7.60 lakhs. The NFAC/ Ld. CIT(A) on perusal of assessees bank account, noted that there was cash deposit of Rs.5,90,670/- in the bank account of assessee, which was not explained by assessee with necessary evidence. The assessee has not filed any confirmation from his fellow agriculturists in respect of borrowing of Rs.7.60 lakh. The claim made first time before the appellate stage, which was never before Assessing Officer. Thus, NFAC/Ld. CIT(A) directed the Assessing Officer to verify the claim that cash deposit are only Rs.5,90,760/- and to restrict the addition to that extent only. Further, aggrieved the assessee filed pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts of delay in filing of assessees appeal is condoned. Now adverting the merit of the case. 9. Now adverting to application for additional ground of appeal. Ld. AR for the assessee submits that Assessing Officer made two additions, (i) addition on account of cash deposit in bank account of Rs.15,90,670/- and other credit entry of Rs.4,15,321/-. The assessee could not raise the ground of appeal at the time of filing present appeal due inadvertence. The fact relating to raise additional ground of appeal is available on record and no new fact is required to bring on record. The ld. AR for the assesse prayed for admitting the additional ground of appeal. 10. On the other hand, Ld. Sr-DR for the Revenue submits that assessee has not challenged such addition before NFAC/Ld. CIT(A). Once the issue raised in additional ground of appeal was not the subject-matter of appeal before NFAC/Ld. CIT(A), therefore the assessee is not estoppel from raising such plea. 11. I have considered the rival submission of both the parties and gone through the order of lower authorities carefully. It is a matter of fact that Assessing Officer while passing assessment order made additions on account of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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