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TMI Blog2013 (8) TMI 106X X X X Extracts X X X X X X X X Extracts X X X X ..... n account of truck hiring receipt and the amount of Rs.11,55,100/- and Rs.1,44,000/- were not separately added - Held that:- The CIT(A) in principle upheld the addition but relief was allowed by allowing benefit of its telescoping as above. No infirmity in the order of CIT(A) as against the order of Rs. 11,55,100/- and Rs.1,44,000/- as the addition of Rs.16,78,774/- has been sustained which is sufficient for set off of these two addition of Rs.11,55,100/- and Rs.1,44,000/-. - ITA No. 205/Agra/ 2012 - - - Dated:- 31-5-2013 - Shri Bhavnesh Saini And Shri A. L. Gehlot,JJ. For the Appellant : Shri Waseem Arshad, Sr. D.R. For the Respondent : Shri Utkarsh Dixit, Advocate ORDER Per A.L. Gehlot, Accountant Member:- These are cross appeals filed by the Revenue and assessee against the order of learned CIT(A), Ghaziabad dated 09.02.2012 for A.Y. 2008-09. 2. The grounds raised in these cross appeal are reproduced as below:- ITA No. 205/Agra/2012 by the Revenue:- "1. The ld. Commissioner of Income Tax (Appeals) has erred in law and on facts while restricting the addition of Rs.83,93,869/- to Rs.16,78,774/- on account of unaccounted receipts of hiring charges igno ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... S.No. Name of the party from which received hire charges Amount TDS deducted 1. M/s DSC Ltd., Rupapur, Swarajpur, Distt.- Hardoi. Rs.7690840/- Rs.174275/- 2. M/s Kishan Pasu Aahar Udyog, Dudu, Jaipur Rs.126492/- Rs.2613/- 3. M/s Cattle Feed Plant, Nadbai Rs.554937/- Rs.12883/- 4. M/s Om Sree Traders, Indore Rs.21600/- Rs.445/- 5. Total Rs.8393869/- Rs.190216/- 6. The information was called for under Section 133(6) of the I.T. Act from the concerned parties and out of above three parties namely M/s DSC Ltd., Rupapur, Swarajpur, Distt.-Hardoi, U.P. vide letter dated 15.12.2010 sent the details (form no.16A) of payments made to the assessee from M/s Indore Raipur Transport Co., Farrukhabad. Gross receipts and TDS have been paid and deposited in govt. account also. M/s Om Shree Tranders, Indore and and M/s Cattle Feed Plant, Nadbai sent reply along with form no.16A which was placed on record. After ITS details generated in AST, it was found that the assessee has deposited in Saving Bank Account in Aryavrat Gramin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ding the amounts deposited in SB A/c No.7549, in Aryavrat Gramin Bank, Central Jail Branch, Farrukhabad deposited in cash in different dates, assessee have not produced the proper evidences regarding the sources of money deposited in above bank, hence in the absence of proper evidences amount deposited in the bank a/c at Rs.1155100/- has been added back in the total income of the assessee u/s 69A of the I.T. Act, 1961 in the year considered. The assessee have not given any details of above money deposits source in bank." 11. The A.O. also made addition on account of household expenditure of Rs.1,44,000/- as under :- (Page No.8, CIT(A)) "The assessee replies have been considered but not accepted in TOTO. The assessee has mentioned in his reply dated 25.11.2010 his house withdrawals may be 6 or 7 thousand per month only. There are 2 school going children and self and wife i.e. 4 members size of family expenses can not be meet out in Rs.7,000/- p.m. The assessee is also maintaining social and business circle relations in the market, hence it will be reasonable to estimate to meet out all the expenses by expanding Rs.12,000/- per month or annually at Rs.1,44,000/-. As per assessee' ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the books of some other entity. In such facts and circumstances; I am constrained to hold that it is the appellant only who has received these hiring charges and is liable to tax on the same. However, it will be un-reasonable to tax the entire amount of hiring charges receipts because if the receipts have been kept out of the books; only the corresponding income should be brought to tax after estimating the expenditure incurred on a reasonable basis. My reasonable estimate is that in absence of any details and proof of such expenses; 20% of such hiring receipts should be brought to tax. Thus, the addition of Rs.83,93,869/- is to be restricted to Rs.16,78,774- (20% of Rs.83,93,869/-). 8.2 G.O.A. No.2 On the issue of un-explained cash deposit amounting to Rs.11,55,100/-; I do not find some force in appellant's submission and details (Bank statement) that this is not one time deposit; rather various cash installments have been deposited from time to time over the year aggregating to this amount. Given such picture; it will not be tenable to uphold this addition because, firstly, at the most, the peak deposit, being cash deposit of Rs.1,90,000/-, can be treated as peak unexplain ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t produced. 13.2 Similar is the circumstances in the case under consideration that the assessee simply contended that the receipt belonged to his elder brother but failed to furnish the necessary evidence before the Revenue authorities and before us also. As regards merit of the case, we noticed that the A.O. made addition on the ground of amount of freight whereas the CIT(A) was of the view that only profit is to be added. Under the circumstances view taken by the CIT(A), is correct therefore, in the light of the fact, we do not find any infirmity in the order of the CIT(A) in sustaining the addition of Rs.16,78,774/- on account of hiring charges, the order of CIT(A) is confirmed. Thus, the Ground No.1 of the cross appeal is dismissed. Ground No.2 13.3 The Revenue has also raised two more issues. Ground Nos. 2 3 pertain to deletion of addition Rs.11,55,100/-. The CIT(A) deleted the said addition of Rs.11,55,000/- on the ground that he has allowed set off against the addition of Rs.16,78,774/- confirmed on account of truck hiring receipt and the amount of Rs.11,55,100/- and Rs.1,44,000/- were not separately added. The CIT(A) in principle upheld the addition but relief was a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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