9911796707
TMI Blog2025 (3) TMI 872X X X X Extracts X X X X X X X X Extracts X X X X ..... R, AM: This is an appeal preferred by the assessee against the order of the National Faceless Appeal Centre, Delhi (hereinafter referred to as the "Ld. CIT(A)"] dated 31.0.2023 for the AY 2009-10. 02. At the time of hearing, the assessee only pressed the issue raised on merit which is against the order of ld. CIT (A) confirming the addition of Rs. 14,06,250/- as against the addition of Rs. 1,50, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essee stated that in fact the cash belonged to Shri Devesh Upadhyaya, a known person of the assessee who used his PAN and opened a Bank account in ICICI Bank and also operated the same. Thereafter, the ld. AO summoned the said person Shri Devesh Upadhyaya and his statement was recorded u/s 131 of the Act, in which he admitted that he had opened the bank account in the name of the assessee by using ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4,06,250/- at 0.75% of total accommodation entries provided. Now, the assessee is in appeal before us challenging the part confirmation of the order of the ld. Assessing Officer. 05. After hearing the rival contentions and perusing the materials available on record, we find that undisputedly the cash was deposited in the assessee's bank account in ICICI bank account which belonged to Shri Devesh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 10% of the total cash deposits in the order dated 16.03.2016, passed u/s 143(3) read with section 147 of the Act. Considering these facts and circumstances, we are of the view that the addition is partly confirmed by the ld. CIT (A) in the hands of the assessee to the tune of Rs. 1,06,250, is uncalled for and unwarranted and cannot be sustained as this income has been assessed in the hands of Shri ..... X X X X Extracts X X X X X X X X Extracts X X X X
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