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TMI Blog2014 (2) TMI 977X X X X Extracts X X X X X X X X Extracts X X X X ..... A. D. Jain And Shri Shamim Yahya,JJ. For the Petitioner : Shri Ashwani Taneja, FCA Shri Tarun K, Advocate For the Respondent : Shri G. S. Virk, Sr. DR ORDER Per A. D. Jain, Judicial Member This is an appeal filed by the Department for Assessment Year 2009-10 against the order dated 26.12.2011 passed by the CIT (A)-I, Dehradun. The only ground raised is that the Ld. CIT (A) is not empowered to set aside the assessment passed by the Assessing Officer after 01.06.2001. 2. The facts are that the assessee furnished return of income showing total income of Rs. 5,01,099/- against gross receipt of Rs. 39,50,000/- in contract work. The Assessing Officer noted that the total of the credit side in the assessee s bank acc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent of affairs as on 31.03.2008 as well as 31.03.2009, showing that the accretion to its capital account and assets during the previous year was explainable with reference to the income shown by it in the return of income. This suggests prima facie that the A.O s allegation of the cash deposit in the bank accounts and the firm being unexplained is not sustainable. Nevertheless, in order to satisfy himself, he may examine the details submitted by the assessee and cause such inquiry as he deems fit in this regard. If he is able to reach any positive finding about cash withdrawn from the bank going elsewhere or for any other reason, the cash available on a particular date being less than the cash deposited in the account on that day, he will b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re us, the Ld. DR has contended that the Ld. CIT (A) has erred in setting aside the assessment and restoring it to the Assessing Officer, since after 01.06.2001, the CIT (A) is not empowered to do so. 6. On the other hand, the ld. counsel for the assessee has strongly supported the impugned order, contending that the Ld. CIT (A) has, in fact, accepted the contention of the assessee and has deleted the addition made by the Assessing Officer; that the Ld. CIT (A) has, in fact, enabled the Assessing Officer to make such inquiry as he deems fit to verify the cash statement to be produced by the assessee; and that as such, there being no merit therein, the appeal filed by the Department be dismissed. 7. We have heard the parties and have p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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