TMI Blog2023 (6) TMI 1338X X X X Extracts X X X X X X X X Extracts X X X X ..... Assessing Officer by making investigation of fact or bringing any adverse material. The assessee has also furnished the details of his client for which he made booking through IRCTC. The assessee has also relied on press release of Economic Times wherein booking of railway tickets are also allowed by way of old currency notes. On careful perusal of such press release, we find that in the press release, there is no such restriction that railway tickets is to be booked on railway counters only. Like private hospitals were also allowed to receive old currency notes. AO has not controverted the contentions and the material brought on record by assessee. As decided in the case of Anantpur kalpana [ 2021 (12) TMI 599 - ITAT BANGALORE] that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s not submitted these details before CIT(A), hence CIT(A) erred in law and facts in not allowing the appeal of appellant. 2. The appellant craves to add, amend, alter, modify or delete any of the grounds as well as to submit additional grounds at the time of hearing of the appeal. 2. Facts in brief are that the assessee the assessee is an individual, engaged in the booking of railway ticket, filed his return of income for A.Y. 2017- 18 on 30/03/2018 declaring income of Rs. 4,94,500/-. The case was selected for security for the reasons that large value cash deposit during the year . During the assessment, the Assessing Officer noted that the assessee has deposited substantial amount of cash of Rs. 1.14 crore in his bank account, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed railway agent. He was not required to accept old notes. The cash deposit of Rs. 13,57,110/- is nothing but unaccounted income of assessee and accordingly made addition thereof. 3. On appeal before the ld. CIT(A), the assessee filed detailed statement of fact inter alia, stating therein that before the Assessing Officer, the assessee furnished complete details of bank statement, copy of account of travellers with their address and details of cash payment alongwith ticket number and travel date, copy of bank book and passbook. The assessee also furnished press release published in Economic Times indicating use of old currency in railway ticket. The assessee account details of the persons who given old demonetized notes to purchase rail ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ash deposit during demonetization period and confirmed the action of Assessing Officer. Further aggrieved, the assessee has filed present appeal before the Tribunal. 5. I have heard the submissions of learned Authorised Representative (ld. AR) of the assessee and the learned Senior Departmental Representative (ld. Sr. DR) for the revenue and have perused the orders of lower authorities carefully. The ld. AR of the assessee submits that the assessee was engaged in the business of booking of railway tickets through IRCTC as a sub-broker of Akbar Online Booking Pvt. Ltd. and was having transaction of more than Rs. 1.14 crores during whole of the year. More specifically during the period of 01/09/2015 to 08/11/2015, the assessee made cash de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... IT (1992) 60 Taxman 248 (SC) (2) ITO Vs Ashwin d. Menta Tax Appeal No. 386 of 2000 (3) Narendra g. Goradia Vs CIT (1998) 234 ITR 571 (Bom) (4) Lakshmi Rice Mills Vs CIT (1974) 97 ITR 258 (Pat) (5) Gur Prasad Hari Das Vs CIT (1963) 47 ITR 634 (All) (6) Kanpur Steel Co. Ltd. Vs CIT (1957) 32 ITR 56 (all) (7) Anantpur Kalpana Vs ITO (2022) 138 taxmann.com 141 (Bang Trib) (8) Dr. T.A. Qureshi Vs CIT 287 ITR 0547 (SC) (9) Lakhmichand Baijnath vs CIT 35 ITR 416 (SC) (10) Naliniknat Ambalal Mody Vs CIT 61 ITR 428 (SC) (11) CIT Vs D.P. Sandu Bros. Chembur (P) Ltd. 273 ITR 1 (SC) (12) CIT Vs Shilpa Dyeing Printing Mills (P) Ltd. 39 taxmann.com 3 (Guj) (13) J.K. Choksi Vs ACIT Tax Appeal No. 149 of 2003 (14) G ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sessee were ultimately deposited/remitted to the account of IRCTC by way of debit card payment. The assessee throughout the proceedings before the Assessing Officer as well as before the ld. CIT(A) contended that he was working as an agent/sub-agent of Akbar Online Booking Pvt. Ltd.. Such contention of assessee was not controverted by the Assessing Officer by making investigation of fact or bringing any adverse material. The assessee has also furnished the details of his client for which he made booking through IRCTC. No enquiry was conducted against such customers nor the assessee was asked to call any of such customer or cross check of fact on sample basis. The assessee has made transaction of more than Rs. 1.14 crore including Rs. 13,57, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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