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TMI Blog2018 (6) TMI 277X X X X Extracts X X X X X X X X Extracts X X X X ..... 55/- has been added in the assessee’s hands ignoring the assessee’s explanation. When assessee explained that amount of ₹ 9 Lakhs was meant for purchase of cement that can be verified from the books of the firm, which was in the construction activity. The diary being maintained in Telugu. The same could have been analysed and examined to see whether the contentions of assessee are correct or not. Since this exercise was not been undertaken by the AO or by the Ld.CIT(A), who could not read Telugu, we are of the opinion that the issue can be re-examined by the AO after giving due opportunity to assessee to explain the transactions vis-à-vis the books maintained by assessee or in the firm’s hands - Appeal of assessee is allowed for st ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s u/s. 153C of the Income Tax Act [Act] and assessments have been completed from AYs. 2004-05 to 2008-09 and also from 2002-03 to 2007-08 in the case of assessee s mother-in-law Smt. Ch. Vanajakshamma and assessee respectively. The order for AY. 2008-09 is not u/s. 153C but regular assessment u/s. 143(3) of the Act. It was submitted Ld.CIT(A) has passed ten appeals by a consolidated order, whereas this appeal has been disposed-off by a separate order. While preferring appeals, assessee has missed out preferring appeal on this order and has noticed only when other appeals are being prepared when the cases came for hearing for the first time on 15-04-2015. Immediately, assessee preferred the appeal and submitted that the delay of 381 days is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ₹ 3,03,455/- based on the report of the special auditor, it was submitted that these transactions are of cheque transactions in which debits and credits were noted with Clg specifically and these transactions relate to M/s. Pavani Constructions and have been accounted for by the firm. Ld.CIT(A), however, did not accept stating that explanation given by assessee is not logical as no buyer would pay the amounts to assessee, who did not transfer it as such but withdrew cash. Therefore, the explanation is not acceptable. Ld.CIT(A) confirmed the addition. 4.1. Coming to the addition based on entries recorded in the diaries seized, it was submitted that all family members reside in the same place and Smt. Vanajakshamma used to main th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e, it was submitted that these transactions are maintained by Smt. Vanajakshamma and all the transactions cannot be attributed to assessee. Even though the money was given out of the funds available with the firm as assessee s name was noted down- they are all treated as assessee s unaccounted receipts. It was the submission that neither AO nor CIT(A) examined the transactions in correct perspective accordingly, when the books of account were prepared postsearch explaining all the transactions that should have been considered. 6. Ld.DR, while admitting that Revenue is not in appeal on the relief granted by the CIT(A), however, reiterated the contentions on the basis of which AO made the additions and CIT(A) confirmed. 7. We have consi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... diary being maintained in Telugu. The same could have been analysed and examined to see whether the contentions of assessee are correct or not. Since this exercise was not been undertaken by the AO or by the Ld.CIT(A), who could not read Telugu, we are of the opinion that the issue can be re-examined by the AO after giving due opportunity to assessee to explain the transactions vis- -vis the books maintained by assessee or in the firm s hands. For these reasons, we set aside the order of AO and CIT(A) and restore the issue to the file of AO for fresh examination of the amount of ₹ 3,03,455/- and ₹ 17,15,733/- contested in this appeal. 8. In the result, the appeal of assessee is allowed for statistical purposes. Order pron ..... X X X X Extracts X X X X X X X X Extracts X X X X
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