9911796707
TMI Blog2018 (3) TMI 1190X X X X Extracts X X X X X X X X Extracts X X X X ..... cer, therefore, was directed to take the agricultural income of the assessee at ₹ 10,16,480/-. Genuineness of the agricultural income shown - Held that:- CIT(A) while arriving at the findings considered that there was a mistake bona-fide in putting correct figure for agricultural income and following various Tribunal orders, this inadvertent bona-fide mistake was rectified by the ld. CIT(A), in which we find no infirmity. Secondly we observe that regarding genuineness of the agricultural income shown on the similar facts and circumstances in the preceding assessment year 2011-12, an addition of ₹ 4,58,100/- made by the Assessing Officer was confirmed and under the similar facts and circumstances. The ld. CIT(A) has maintained status quo and has restricted the addition to that extent, which also in our humble opinion has correctly done. We do not find any infirmity with the findings of the ld. CIT(A). Unexplained cash deposit in bank account - Held that:- The assessee had produced books of account which is evident even from the assessment order, from which cash deposit in the bank account was verifiable. AO has stated that the source of cash deposit in the bank acc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8377; 10 lakhs made on account of income from Astrology Vastu Shastra, the Assessing Officer observed as under:- Assessee was asked vide order sheet query dated 16.03.2015 to produce client register for astrology and vastu shastra profession and date was given on 18.03.2015. On 18.03.2015 the AR of the assesses appeared and given a latest maintained client register as receipts given profit and loss account. After perusal of register its appear that the assessee had not maintenance of customer/client register at the time of service provided to the customers. In absence of client register it is not possible to verify what receipt has been charged from each client/visitors for providing consultation on astrology/vastu shastra. Now a days it is a general practice of astrologer to charge heavy fees for providing consultation. Thus, receipt from client is not verifiable. Looking to this fact books of accounts of the assessee for astrology business is rejected u/s 145(3) of the I.T. Act, 1961 and an addition of ₹ 10,00,000/- is hereby made in total receipt astrology/vastu shastra which will give a equal addition of ₹ 10,00,000/- in net profit. Thus, there will be an add ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... agricultural income. 7. The ld. CIT(A) in his order has observed that there are two facets involved in the addition made by the Assessing Officer. The assessee shown agricultural income of ₹ 10,16,480/- in the capital account as reflected in the balance sheet as on 31/3/2012. However, while filing of return of income for the year under consideration the agricultural income was wrongly shown as ₹ 42,25,400/- in the relevant column. The assessee claims that the return of income had wrong figure and the correct figure as per balance sheet should be taken as the agricultural income for the year under consideration. The ld. CIT(A) referred to the Board Circular No.14 (XL-35) dated 11/4/1955 which clearly outlines the need to collect only legitimate tax from the assessee. It emphasis that the Assessing Officer should not take advantage of an assessee s ignorance to collect more tax out of him than legitimately due from the assessee. The ld. CIT(A) further made reference to the decision of the ITAT Mumbai Bench in the case of Sujata Trading Pvt. Ltd. vs. Income Tax Officer, 8(3)(2), Mumbai [2015] 152 ITD 492 wherein it was held that where assessee-company at the time of fi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... indings of the ld. CIT(A) on this issue and the relief granted to the extent as indicated in the order of the ld. CIT(A) is sustained. This ground of appeal by the Revenue is also dismissed. 11. The next ground relates to the deletion of addition of ₹ 12,66,200/- on account of unexplained cash deposit in bank account. 12. With regard to this ground, the observation of the Assessing Officer is reproduced as under:- As per AIR information, assessee has deposited cash of ₹ 10 lacs or more in a saving bank account amounting to ₹ 12,66,200/- on 31.03.2012 from State Bank of India, Shop No. 12, Qutab Plaza, Shop Cent, DLF Qutab Enclave, Gurgaon (Haryana). The assessee was asked vide order sheet entry dated 22.07.2014 to explain source of this deposit. In this regard the assessee in his reply dated 29.10.2014 submitted that there is no such single transaction of ₹ 1266200/- on 31.03.2012 in SBI Bank a/c 20000241312. The assessee has not given source of cash ₹ 1266200/-which was deposited in bank. Thus, this amount remained on explained and treated as income from undisclosed source u/s 69A of the I.T. Act, 1961 and added to total income of the asses ..... X X X X Extracts X X X X X X X X Extracts X X X X
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