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TMI Blog2012 (9) TMI 581X X X X Extracts X X X X X X X X Extracts X X X X ..... can be produced by the assessee from the retail business is always not possible. No other documentary evidence was brought on record by the AO except suspecting the deposits made by the assessee. Therefore, CIT(A) rightly deleted the addition - Decided against Revenue - ITA No.374/Ind/2011 - - - Dated:- 4-7-2012 - SHRI JOGINDER SINGH And SHRI R.C. SHARMA, JJ. Appellant by Shri R.A. Verma ORDER PER JOGINDER SINGH, judicial member The Revenue is aggrieved by the impugned order dated 4th October, 2011 on the ground that on the facts and in the circumstances of the case, the learned CIT(A) erred in deleting the addition of Rs.11,86,626/- made on account of unexplained cash credits u/s 68 of the Act as the assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... portion of from the impugned order :- 7.4 I have carefully considered the submission and arguments of the ld. AR of the appellant and also observation of the Assessing Officer as regards this addition. This is a case where return has been filed and income has been shown as per provisions of section 44AF. The appellant has shown total turnover/sales for Rs. 13,91,425/-. The appellant is maintaining account with state Bank of India, Shakti Nagar in which during F.Y. 2006-07 cash deposit of Rs.11,86,626/- has been made. The appellant has submitted that this cash has been deposited out of the sale proceeds during the period under consideration. However, the Assessing Officer has doubted the contention of the appellant stating that no docum ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5/-. What documentary evidence can be produced by the assessee from the retail business is always not possible. No other documentary evidence was brought on record by the learned Assessing Officer except suspecting the deposits made by the assessee. Therefore, we find no justification to interfere with the findings of the learned CIT(A) and confirm the same. In view of the above, we find no merit in the appeal of the Revenue. 3. So far as the cross objection of the assessee is concerned, since we have affirmed the stand of the learned CIT(A) by dismissing the appeal of the Revenue, the cross objection has remained for academic interest only. Even otherwise, the cross objection is in support of the impugned order. Therefore, the cross ob ..... X X X X Extracts X X X X X X X X Extracts X X X X
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