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2012 (2) TMI 33

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..... ties from which it can be said that the assessee had earned a sum of Rs.46.55 lacs from undisclosed sources. Therefore, addition made is deleted – Decided in favor of assessee. - ITA No.390/JP/2011 - - - Dated:- 3-1-2012 - SHRI R.K. GUPTA, SHRI N.L. KALRA, JJ. Appellant by : Shri K.L. Moochandani, AR Respondent by : Shri Vinod Johari, DR ORDER PER R.K. GUPTA, JM This is an appeal by assessee against the order of CIT (A)-II, Jaipur, dated 29.03.2011 relating to assessment year 2007-08. 2. The assessee is objecting in making and confirming addition of Rs.46,55,800/- under section 69A of the Act. 3. The brief facts noted by the Ld. CIT (A) in the order are that the assessee is a house wife and not business w .....

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..... eriod and carried out very nominal transactions on which negligible remuneration was payable. 3.1. During the course of assessment proceedings, the AO noted that the assessee has deposited cash of Rs.46,55,800/- in Bank of Baroda, Nehru Place, Jaipur. It was explained that the assessee was doing work for collection of payment during the year on commission basis. The assessee was appointed by M/s. Jai Ambey Ganga Chemicals Pvt. Ltd; Hanumangarh., as payment collection agent on commission basis. The details of M/s. Jai Ambey Ganga Chemicals Pvt. Ltd; were also filed. It was explained that the company for fast collection of payment and cost saving of traveling expenses and salary expenses appointed to the assessee as payment collection age .....

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..... ed with the explanation of the assessee and rejected the claim of the assessee by passing a very lengthy order i.e. from page 4 to 13, which contained his findings. Now the assessee is in appeal here before the Tribunal. 5. The contentions raised before the lower authorities were reiterated here before the Tribunal. Written submission was also filed. Copy of bank statement and copy of statement in the books of the company of M/s. Jai Ambey Ganga Chemicals Pvt. Ltd; Hanumangarh, were also filed. 6. On the other hand, the Ld. DR filed written submissions. 7. We have considered the written submissions on behalf of the assessee as well as on behalf of the Department alongwith the order of the AO and the CIT (A). We have also perused the .....

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..... see from her bank account are credited in the account of the company i.e. M/s. Jai Ambey Ganga Chemicals Pvt. Ltd. Date of DDs and and date of credits are matching. Even in the case of M/s. Jai Ambey Ganga Chemicals Pvt. Ltd; it was found that the company was making sales through Sh. Sunil Kumar Kaushal husband of the assessee. In fact, in the case of M/s. Jai Ambey Ganga Chemicals Pvt. Ltd; the matter was remitted back to the file of the AO for passing a fresh order for making enquiry that whether the company has appointed any Collecting Agent or not. Thereafter, assessment was completed in the case of the company again and it was found that the assessee was appointed as Collecting Agent. In the case of that company also, the addition was .....

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