TMI Blog2023 (4) TMI 142X X X X Extracts X X X X X X X X Extracts X X X X ..... ks of the assessee maintained in the previous year and the assessee offeres no explanation about the nature and source thereof or explanation offered by him, is not in the opinion of the AO satisfactory then such sum so credited may be charged to tax as income of the assessee. Since the assessee is admittedly not required to maintain the books of account, therefore, there is no basis for invoking the provision of section 68 - we delete the addition made for unexplained sundry creditors and allow Ground No. 4. Addition for opening capital balance - HELD THAT:- As we fail to find any merit in the action of the AO because the minimum amount not taxable for the preceding years i.e A.Y. 2014-15 and A.Y. 2013-14 was Rs.2.00 lacs and the asse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eal filed by the assessee against the order of the ld. CIT(A), Ajmer dated 05-06-2018 for the assessment year 2015-16 raising therein following grounds of appeal:- The appellant prefers an appeal against the 1 appeal order passed by Ld. CIT(A), Ajmer dated 05/06/2018 on following amongst other grounds each of which are without prejudice to any other :- 1.0 A humble prayer is condone the delay of 169 days in filing of the appeal being caused under the bonafide reasons of compelling circumstances beyond my control of the appellant; 2.0 On facts and circumstances of the case and in Law, Ld. CIT(A) erred in confirming the addition u/s 68 of Rs.2,79,134/- and taxing @ 30% u/s 115BBE on ignoring the fact that such income is der ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s beyond his control. 2.2 On the other hand, the ld. DR objected to such delay but prayed that the Court may decide the issue as deem it fit and proper in the case . 2.3 We have heard both the parties and perused the materials available record. The Bench noted that the delay of 169 days took place in filing the appeal by the assessee because of hospitalization of his aged father in the Bhagwan Mahaveer Cancer Hospital which does not indicate that there is deliberate delay on the part of the assessee. Hence keeping in mind the decision of Hon ble Supreme Court in the case of Collector, Land Acquisition vs Mst. Katiji Others (1987) 167 ITR 472, the delay is condoned. 3.1 The grievance of the assessee in the grounds of appeal rais ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mount of revenue/gross receipt declared by the assessee by placing any contrary material. The details called for by the AO mainly include the sundry debtors and creditors. In this case, the assessee is not required to maintain proper books of accounts since he has opted for presumptive taxation u/s 44AD of the Act. Under these given facts and circumstances of the case, firstly we fail to find any merit in the action of Ld. AO calling for the details of sundry creditors and further making addition u/s 68 of the Act for unexplained creditors of Rs.28,964/-. Section 68 of the Act comes into operation only where any sum is found credited in the books of the assessee maintained in the previous year and the assessee offeres no explanation about t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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