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2023 (6) TMI 762

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..... T.A. No. 167/Asr/2022 - - - Dated:- 30-5-2023 - Dr. M. L. Meena, Accountant Member And Sh. Anikesh Banerjee, Judicial Member For the Appellant : None. (Written submission) For the Respondent : Dr.Vedanshu Tripathi, Sr. DR ORDER PER:ANIKESH BANERJEE, JM: The instant appeal of the assessee was filed against the order of the ld. Commissioner of Income Tax (Appeals),-43, New Delhi,[in brevity the CIT (A)] order passed u/s 250 (6) of the Income Tax Act 1961[in brevity the Act], for A.Y. 2017-18. The impugned order was emanated from the order of the ld. Income Tax Officer (Nodal Officer), International Taxation, Ward-3(1)(2) ,[in brevity the AO] order passed u/s 143(3) of the Act. 2. The assessee has taken the follo .....

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..... n account of cash deposited from explained sources by the assessee in his Bank Account with State Bank of India. The cash amounting Rs. 7,47,641/- has been deposited out of the explained sources of Income which are duly shown in Income Tax Return for the A.Y. 2017-2018. 5. That the appellant craves leave to add/ alter any of the grounds of appeal on or before the date of hearing. 6. That it is prayed that the confirmed addition kindly be deleted and appeal be accepted. 3. Brief fact of the case is that the assessee deposited cash in a day in State Bank of India on dated 27.12.2016 amount to Rs. 28,40,000/-. In assessment, the ld. AO was dissatisfied about the explanation of the assessee about the source of cash deposit, the e .....

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..... he ld. AO against the notice issued u/s 142(1) on dated 17.12.2019. The copy of letter is annexed in APB page 11 to 22 . The details also submitted before the ld. CIT(A), copy of the submission dated 07.06.2022 which are filed on 09.06.2022 against the notice issued u/s 250 of the Act which is annexed in APB page 72 to 75. None of the authority had rejected the assessee s cash flow statement. The assessee had sufficient cash before the date of deposit of cash in bank. As per the submission of assessee, in APB page 66, the sufficient cash balance is reflected on dated 27.12.2016. The opening cash is reflected amount to Rs. 28,41,359/- which had sufficient to deposit the cash amount to Rs. 28,40,000/- in the bank a/c of the assessee. The .....

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