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TMI Blog2014 (1) TMI 1528X X X X Extracts X X X X X X X X Extracts X X X X ..... I.T.A .No. 3217/Del/2013 - - - Dated:- 10-1-2014 - Smt. Diva Singh And Shri B. C. Meena,JJ. For the Appellant : Sh. K. Sampath Rajkumar, Adv. For the Respondent : Sh. Sameer Sharma, Sr DR. ORDER Per Diva Singh, JM This is an appeal filed by the Revenue against the order dated 14.03.2013 of CIT(A)-XXV, New Delhi pertaining to 2010-11 assessment year on the following grounds:- 1. "Whether on facts and circumstances of the case, the Ld. CIT(A) has erred in deleting addition of Rs.18,60,455/- made u/s 69A of the IT Act, 1961 on account of unexplained cash deposit. 2. Whether on facts and circumstances of the case, the Ld. CIT(A) has erred in accepting the assessee contention that his Chartered Accountant has wrongly a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r explained that the earned interest from this amounting to Rs.22,767/- and bank interest of Rs.153/- which he had omitted to include in the return filed. It was further claimed that all the cash deposits and the withdrawals are from this only. In support of the same, copy of the cash book was enclosed alongwith the copy of profit and loss account was enclosed alongwith the explanation. 2.1. Considering the explanation of the assessee, the AO made an addition of Rs.20,45,250/- u/s 69A taking note of the fact that Sh. V.K.Chetal, AR of the assessee had marked the specific cash deposits as unexplained. Apart from that the AO also made an addition of Rs.22,920/- as bank interest from the said undisclosed bank account. 2.2. In appeal before ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... credit of the bank account is taken which is Rs.2,07,715/- on 16/08/2009 and the interest amount of Rs.22,920/- added by the AO is reduced from the peak credit amount and accordingly, the addition to the extent of Rs.1,84,795/- is confirmed and the balance addition of Rs.18,60,455/- (Rs,20,45,250/- (-) Rs.1,84,795/-) is deleted." 3. Aggrieved by this the Revenue is in appeal before the Tribunal. Ld. Sr. DR places reliance on the assessment order. The Ld. AR of the assessee on the other hand relied upon the impugned order. 4. We have heard the rival submissions and perused the material available on record. A perusal of the "Statement of Facts" filed by the assessee before the CIT(A) shows that the submissions advanced before the AO were ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pointed out by the Revenue nor any reason to canvass a contrary view has been advanced. Accordingly in the aforementioned peculiar facts and circumstances, the departmental ground is dismissed. 5. The facts qua the second issue agitated by the Revenue vide Ground No-3 are found discussed in para 6 of the assessment order and extracted hereunder for ready-reference:- "The assessee has claimed deduction under chapter VI-A amounting to Rs.53360/-. The assessee vide letter dated 26.06.2012 was asked to furnish the details and evidence of payment of the claim. The assessee vide letter dated 04.01.2013 furnished the details u/s 80C amounting to Rs.31,470/-, only. In view of the assessee's failure to produce documentary evidence in respect of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the AO is not justified to disallow the claim of the assessee. During the course of appellate proceedings the assessee was asked to produce the evidence of Rs.53,600/- for the claim of deduction u/s 80C but the assessee could produce the evidence of Rs.51,470/- only and accordingly, the allowance of Rs.51,470/- is allowed. Since the AO has already allowed the deduction u/s 80C of Rs.31,470/-, the AO is directed to allow further deduction of Rs.20,000/- (Rs.51,470/- (-) Rs.31,470/-). After considering all the facts and circumstances of the case, I am of the view that the addition to the extent of Rs.1,890/- (Rs.21,890/- (-) Rs.20,000/-) is confirmed and the balance addition of Rs.20,000/- is deleted." 8.1. Accordingly for the reasons ..... X X X X Extracts X X X X X X X X Extracts X X X X
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