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TMI Blog2024 (6) TMI 1347X X X X Extracts X X X X X X X X Extracts X X X X ..... ash deposit to be unexplained cash credit u/s. 68 of income tax act. 3. The income tax officer ward 3(1) has been erred for making addition of Rs.1,389/- being bank interest already shown in ROI." Also, the assessee has raised an additional ground of appeal before us which reads as under: "On the facts and circumstances of the case and in law, notice issued u/s. 148 dt. 26-3-18 by ITO-1(1), Raipur is invalid, non-est, since he was not vested any jurisdiction over the assessee at the relevant point of time; assessment made by ITO-3(1), Raipur u/s. 147 r.w.s. 144 dt.20-10-18 in absence of a valid notice issued u/s. 148 by the A.O having jurisdiction over the assessee would be invalid, ab-initiovoid & is liable to be quashed." 2. Controversy involved in the present appeal lies in a narrow compass, i.e., as to whether or not the lower authorities are right in law and facts of the case in treating the cash deposit of Rs.13,45,800/- made in the savings bank accounts, viz. (i) SB A/c. No.139010100136587 with Axis Bank Ltd. (jointly held by assessee and Shri Devidas Ramchand Keshwani, i.e., assessee's father) : Rs.13,05,000/- AND (ii) SB A/c. No.139010100136730 with Axis Bank Ltd. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssioner (Appeals)], any evidence, whether oral or documentary, other than the evidence produced by him during the course of proceedings before the [Assessing Officer], except in the following circumstances, namely :-- 1. where the [Assessing Officer] has refused to admit evidence which ought to have been admitted ; or 2. where the Appellant was prevented by sufficient cause from producing the evidence which he was called upon to produce by the [Assessing Officer] ;or (c) where the Appellant was prevented by sufficient cause from producing before the [Assessing Officer] any evidence which is relevant to any ground of appeal ; or 1. where the [Assessing Officer] has made the order appealed against without giving sufficient opportunity to the Appellant to adduce evidence relevant to any ground of appeal. (2) No evidence shall be admitted under sub-rule (1) unless the [Deputy Commissioner (Appeals)] [or, as the case may be, the Commissioner (Appeals)] records in writing the reasons for its admission. (3) The [Deputy Commissioner (Appeals)] [or, as the case may be, the Commissioner (Appeals)] shall not take into account any evidence produced under sub-rule (1) unless t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the above judgment, exceptions have been carved out that in certain circumstances it would be open to the CIT (A) to admit additional evidence. Therefore, additional evidence can be produced at the first appellate stage when conditions stipulate in the Rule 46A are satisfied and a finding is recorded. .............................. We are highlighting these aspects only to press home the point that the conditions prescribed in Rule 46A must be shown to exist before additional evidence is admitted and every procedural requirement mentioned in the Rule has to be strictly complied with so that the Rule is meaningfully exercised and not exercised in a routine or cursory manner. A distinction should be recognized and maintained between a case where the assessee invokes Rule 46A to adduce additional evidence before the CIT (A) and a case where the CIT (A), without being it prompted by the assessee, while dealing with the appeal, considers it fit to cause or make a further enquiry by virtue of the powers vested in him under sub-Section (4) of Section 250. It is only when he exercises his statutory suo moto power under the above sub-section that the requirements of Rule 46A need ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -TTI"- Sr. No.13, the bank account in question i.e. savings bank account No. 139010100136587 with Axis Bank Ltd. was specifically mentioned. Backed by the aforesaid facts, the Ld. AR submitted that now when the aforementioned bank account i.e., savings bank account No.139010100136587 with Axis Bank Ltd. was disclosed by Shri Devidas Keshwani (supra), i.e., the first account holder in his return of income, therefore, there was no justification for the A.O to have made addition of the cash deposits in the said bank account a/w. corresponding interest income on the same as an unexplained cash credit u/s. 68 of the Act in the hands of the assessee. 8. In order to substantiate that Shri Devidas Keshwani (supra) had disclosed bank A/c No. 139010100136587 with Axis Bank Ltd. in his "balance sheet" a/w. corresponding interest income on the same in his return of income, the Ld. AR was directed to place on record "affidavit" of the assessee under Rule 10 of the Income Tax Appellate Tribunal Rules, 1963. In compliance, the assessee had filed his "affidavit" dated 07.11.2023, wherein he had deposed that the closing balance in the aforesaid bank account No. 139010100136587 with Axis Bank Ltd. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as under : Based on the aforesaid facts, the Ld. AR submitted that now when the aforementioned bank account was disclosed by Shri Devidas Keshwani (supra) i.e. primary account holder a/w. interest income in his return of income for the year under consideration, therefore, there was no justification for the A.O to have made addition in the hands of the assessee of any part of the cash deposits made in the said bank account which was admittedly as per records owned by Shri Devidas Keshwani (supra). 9. Per contra, the Ld. Departmental Representative (for short 'DR') relied on the orders of the lower authorities. 10. We have thoughtfully considered the aforesaid contentions advanced by the Ld. Authorized Representatives of both the parties in the backdrop of the orders of the lower authorities and the material available on record. Admittedly, it is a matter of fact borne from record that the savings bank account under consideration i.e. bank account No. 139010100136587 with Axis Bank Ltd. is a joint account held in the name of Shri Devidas Keshwani and Shri Alok Keshwani (assessee), Page 53- 56 of APB. As observed by us herein above, the Ld. AR had taken us through certain documents ..... X X X X Extracts X X X X X X X X Extracts X X X X
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