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TMI Blog2018 (2) TMI 269X X X X Extracts X X X X X X X X Extracts X X X X ..... I have heard the Ld. D.R. and perused the material on record. The written submissions of the assessee are also taken into consideration. 4. According to the Office, the appeal is time barred by 04 days. However, the record reveals that assessee filed the appeal through registered post on 20th June, 2017 which was received in the O/o.the Tribunal on 27th June, 2017. The assessee also filed application for condonation of delay. The explanation of the assessee was that appeal is dispatched through post within time and pleaded that the nominal delay of 04 days in filing the appeal, be condoned. In view of these facts and explanation of assessee, delay in filing appeal is condoned. 5. On ground No.1, assessee challenged the order of the author ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... epted the submissions of the assessee and applied net profit rate of 2.50% on total sales declared by assessee and made the addition of Rs. 5,25,566. 6.2. It was submitted before Ld. CIT(A) that in the case of Shri Vijay Kumar Kushwaha for A.Y. 2006-2007, the Gross Profit rate was declared at 6.69% and Net Profit @ 2.12% and the Ld. CIT(A) reduced the addition to Rs. 50,000. Since the A.O. has not pointed out any major defect, therefore, addition may be deleted. The Ld. CIT(A) did not accept the contention of the assessee because the assessee did not produce bills and vouchers even during the course of appellate proceedings. Therefore, the Ld. CIT(A) rejected the books of account under section 145(3) of the I.T. Act. It was also noted that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e three grounds are same. Therefore, decided together. 9. The A.O. issued notice under section 133(6) of the I.T. Act, 1961 to the Branch Manager, South India Bank Ltd., Dehradun to provide certified copies of the SB A/c and cash credit limit of the assessee for the year under consideration. The Bank Manager furnished copies of the statements of the following Bank Accounts. (i) Cash Credit account copy of U.K. I.T. Service and Trading Company A/c. No.0471083000000009 (ii) Account copy of Mrs. Rekha Kushwaha (assessee) A/c.No. 0471053000001220 (iii) Account copy of Mr. Vijay Kushwaha and Mrs. Rekha Kushwaha Joint A/c. No.0471053000001241. 9.1. On perusal of the cash credit account from the copy of M/s. Uttarakhand I.T. Services an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s. Computer Junction (Proprietor Shri Ranjit Kumar) but has not been reflected in the books of account. The A.O. did not accept the contention of assessee. The ledger account of the assessee in the books of account of M/s. Computer Junction have been obtained under section 133(6) of the I.T. Act from Shri Ranjit Kumar which revealed that there is no entry of Rs. 12.50 lakhs in the ledger. In the absence of satisfactory explanation of assessee, A.O. made addition of Rs. 12,50,000. Similarly, interest on this FDRs of Rs. 3,728 was added to the income of the assessee. 10. The assessee challenged all the three additions before the Ld. CIT(A) and it was explained that A/c. No.xxx09 belongs to the husband of the assessee and her A/c. No. is xxx1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itten submissions and also filed copy of the Bank A/c.Nos. xxx09 and xxx10 and stated that the Bank A/c in question, for which, addition is made relate to Shri Vijay Kumar Kushwaha. Copy of the sales tax registration is also filed. It is stated in the written submissions that wrong information have been supplied in the name of the Firm without giving details of the person who is holding the account. It is also submitted in the written submissions that dispute is going on between the assessee and South Indian Bank. Therefore, wrong information have been provided. As regards FDRs of Rs. 12.50 lakhs, the details are also filed with the written submissions to show that FDRs of Rs. 70 lakhs was purchased on three dates. Copy of the audited accou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he A.O. I accordingly, set aside the orders of the authorities below and restore all these three issues to the file of A.O. with a direction to re-decide all the three issues afresh, by giving reasonable, sufficient opportunity of being heard to the assessee. A.O. is directed to obtain detailed information from the Banks and details as to who have opened these Bank Accounts with the supporting documents. A.O. may also verify the details of the FDRs from the books of account of the assessee, whether purchased out of the cash available in the books of account of the assessee. Ground Nos. 3, 4 and 5 of the appeal of assessee are allowed for statistical purposes. 12. In the result, appeal of the assessee is allowed partly for statistical purpo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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