TMI Blog2024 (2) TMI 1110X X X X Extracts X X X X X X X X Extracts X X X X ..... adverted by the lower authorities by giving a clear finding. Therefore assessee having cash in hand cannot be rejected. The impugned addition is hereby deleted. Grounds raised by the assessee are allowed. - Shri Kul Bharat, Judicial Member For the Assessee : None For the Department : Shri Om Parkash, Sr. DR ORDER PER KUL BHARAT, JM: This appeal, by the assessee, is directed against the order of the learned Commissioner of Income-tax (Appeals)-15 New Delhi, dated 18.06.2019, pertaining to the assessment year 2016-17. The assessee has raised following grounds of appeal: 1. That the CIT(Appeals) Learned Erred in confirming the Addition made by Ld. Assessing Officer in making addition of Rs. 571,276/- as unex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lable on record. 4. In respect of the grounds of appeal, learned DR supported the orders of authorities below and submitted that there is no infirmity into the orders of the lower authorities as the assessee failed to support its claim of cash on hand. 5. I have heard learned DR and perused the material available on record. The assessee before the lower authorities had stated that the source of cash deposit was out of cash in hand. I find that learned CIT(A) has sustained the addition by observing as under: 4. DECISION : The main contention of the appellant is that it is not new in the part of assessee to filed belated return u / s * 139(4) as has been done in current year. It is claimed by the AR that the assessee had been filin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ned CIT(A) it is clear that the assessee s claim regarding cash in hand was rejected but without giving any reason for the same. If the assessee s contention is that it had turnover exceeding the limit u/s 44AD, the learned CIT(A) ought to have taken action in accordance with law. However, he merely sustained the addition made by the AO. Therefore, the claim of the assessee regarding business transaction in cash is not adverted by the lower authorities by giving a clear finding. Therefore, looking to the totality of the facts assessee having cash in hand cannot be rejected. Therefore, the impugned addition is hereby deleted. Grounds raised by the assessee are allowed. 6. The appeal of the assessee is allowed. Order pronounced in open ..... X X X X Extracts X X X X X X X X Extracts X X X X
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