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TMI Blog2014 (1) TMI 835X X X X Extracts X X X X X X X X Extracts X X X X ..... he AO or no opportunity was allowed to the AO by the CIT(A) – there was no infirmity in the order of the CIT(A) – Decided against Revenue. - I.T.A. No. 273/Kol/2012 - - - Dated:- 11-6-2013 - Shri N. S. Saini, and Shri Mahavir Singh, JJ. For the Appellant: Shri Dilip Kr. Rakshit, Sr.DR For the Respondent: Shri A.K. Maheswari, FCA ORDER Per Shri Mahavir Singh, J.M.: This appeal by Revenue is arising out of the order of CIT(A)-XIX, Kolkata vide his Appeal No.174/CIT(A)-XIX/ITO,Wd-31(4),Kol/10-11 dated 30.11.2011 for the assessment year 2008-09. Assessment was framed by ITO, Ward-31(4), Kolkata for the assessment year 2008-09 under section 143(3) of the Income-Tax Act, 1961 (hereinafter referred to as the Act ) vide his o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... through the balance sheet for the year ended 31-03-2008, the bank statement of Indian Overseas Bank, bank statement of Indian bank, the copy of ledger account of Rub-chem (India) as well as the details of payment of Rs.20,00,000/- made by the appellant to M/s. Rub-chem (India) subsequently. On perusal of assessment order, it appears that the AO has made the addition of Rs.20,00,000/- on account of fixed deposit merely for the reason that according to him, the partner of the appellant firm asked him to make the addition of Rs.20,00,000/-. However, on careful consideration of the facts and in law I am of the opinion that the AO was not justified in making the addition of Rs.20,00,000/- on account of fixed deposit. In the assessment order, now ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot correct in making addition of Rs.20,00,000/- on account of fixed deposit and he is directed to delete the same. The ground no.1 is allowed. 3.1 From the above reasons given by the CIT(A), we find that the CIT(A) has gone into the details of bank account maintained with Indian Overseas Bank and also noticed that this amount of Rs.20 lakhs was withdrawn by cheque and given to bank for making FDR. This is an explained FDR and in no way it can be stated that this is unexplained. The main ground of Revenue is that ledger account was not filed before the AO or no opportunity was allowed to the AO by the CIT(A). However, the CIT(A), in the interest of justice, has decided the issue and we find no infirmity in the order of the CIT(A). Therefo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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