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TMI Blog2017 (6) TMI 559X X X X Extracts X X X X X X X X Extracts X X X X ..... of bank account we find that there are regular deposits and withdrawn of money. Even assuming that all the deposits are income of assessee then the benefit of withdrawal should be given by the Authorities Below. AO cannot on one hand take all the deposits as income of the assessee without giving the benefit of withdrawal. The turnover shown by assessee is exceeding the total amount of deposit made in his bank account. - Decided in favour of assessee. - ITA No.2119/Kol /2013 - - - Dated:- 2-6-2017 - Shri N.V.Vasudevan, Judicial Member And Shri Waseem Ahmed, Accountant Member Appellant By : Mrs. Shipra Sen, FCA Respondent By : Shri Rajat Kr. Kureel, SR-DR ORDER PER Waseem Ahmed, Accountant Member:- This appeal b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (A). The assessee before Ld. CIT(A) submitted that he is a small entrepreneur and has no fixed place of business. He sells the goods by participating in various local fair in the district/villages of West Bengal and Odisha. The assessee further submitted that total sum of ₹19,85,008/- was deposited in the year under consideration and such deposits represents the total turnover of assessee s business which has been duly incorporated in gross receipt shown in his income tax return for ₹20,25,960/-. The assessee also submitted that return was filed by declaring income under the provision of Sec. 44AF of the Act. However, Ld. CIT(A) after considering the submission of assessee has granted relief in part by observing as under:- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... report was called from the Assessing Officer. In the remand report dated 19.10.2011 sent by Assessing Officer through Jt. Commissioner of Income Tax, Range-28 Kolkata, the Assessing Officer has admitted the fact that the bank has clarified that the total deposits in the bank account with the Bank of India, Bhawanipur Branch, Kolkata was ₹ 19,85,008/-. However, the AO submitted that it could not be verified whether the gross receipt/gross turnover ₹ 20,45,960/- includes the cash deposit of ₹ 19,85,008/- deposited in the bank as the assessee did not maintain any books of account and did not produce any evidence of sales etc. having considered all the facts of the case I am of the considered view that the appellant s submissi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... already taken into consideration the deposit amount while calculating his turnover, then, how comes the question arises, to all further the same amount as undisclosed income. Such type of assessee is completely unjustified, illegal and bad in law. Therefore, Your honour is requested to kindly waive the baseless addition. Therefore the addition and initiation of penal provision in support of that addition is not correct and to be waived totally. The petitioner craves the permission to claim and discuss any other points, may arise during appeal proceedings. 5. Ld. AR for the assessee filed written submission and paper book which is running pages from 1 to 47 which are kept with the record. He reiterate the arguments t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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