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TMI Blog2014 (3) TMI 258X X X X Extracts X X X X X X X X Extracts X X X X ..... smiss the appeal of the Revenue while accepting the Cross objection of the assessee and direction of Ld. CIT(A) is expunged – Decided against Revenue. - I.T.A. No. 5699 /Del/2012, C.O. No.79/Del/2013 - - - Dated:- 21-2-2014 - Shri U. B. S. Bedi And Shri B. C. Meena,JJ. For the Petitioner : Shri Somil Agarwal, CA For the Respondent : Smt. Nidhi Srivastava, Sr. DR ORDER Per U. B. S. Bedi, Judicial Member: This appeal of the Revenue and the C.O. of the assessee are directed against the order passed by Ld. CIT(A) (I), Dehradun dated 14.08.2012 relevant to assessment year 2009-10. 2. The Department has raised single ground challenging Ld. CIT(A) s order to set aside the assessment passed by the A.O. after 01.06.2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he only ground raised is that s he Ld. CIT(A) is not empowered to set aside the assessment passed by the A.O. 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 A.O. noted that the total of the credit side in the assesee s bank account was of Rs.1,94,18,100/-. The A.O. was of the opinion that this represented the assessee s gross turnover of business and it should have maintained regular books of account and got them audited. He required the assessee to explain the source of the cash deposit. The assessee explained that the cash deposits were made out of the various cash withdrawals which were made form time to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mself, 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 If he is able to reach any positive finding about cash withdrawn from the bank going elsewhere or for any other reason, the cash available on a particular date being less than the cash deposited in the account on that day,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 be entitled to hold such deposit as unexplained and addition to that extent will be sustained. 1.5 With this end in view, the assessee is directed to produce its cash statement and explain the availability of cash as the source of the deposits in question. The A.O. is entitled to cause such inquiry as he thinks fit to verify the correctness of the same. He would be entitled to hold a cash deposit o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the A.O.; that he Ld. CIT(A) has, in fact, enabled the A.O. 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 perused the material on record. We find that indeed, the Ld. CIT(A) has deleted the addition made by the A.O. and it is not a case of set6ing aside the assessment and remitting the mater to the A.O. It is seen that the directions given by the Ld. CIT(A) were not required to be given and the same are liable to be expunged. 8. In view of the above, the directions given by the Ld. CIT(A) is expunged. There is no other grievance raised before us b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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