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TMI Blog2018 (11) TMI 324X X X X Extracts X X X X X X X X Extracts X X X X ..... re issue should be remanded back to the file of the Assessing Officer who shall consider all these evidences and explanation of the assessee and decide the issue a fresh and in accordance with law after giving due and effective opportunity to the assessee to substantiate its case. - Decided in favour of assessee for statistical purposes. X X X X Extracts X X X X X X X X Extracts X X X X ..... n able to discharge the onus u/s.68 of the Act. 4. After hearing both the parties and on perusal of the relevant finding given in the impugned orders as well as material referred to before us, at the time of hearing, it is seen that learned Assessing Officer has made addition on account of entire cash deposits in various bank accounts. The details of which are as under: - (i) cash deposits in bank account out of advance of purchase of land by Shri Vineet Khurana: Rs.40,00,000/- (ii) addition representing unexplained cash deposits in saving bank account with ICICI bank: Rs.54,40,000/- (iii) addition representing unexplained cash deposits in saving bank account with PNB: Rs.18,35,000/- 5. Before us, the learned counsel for the asse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of return of income for Assessment year 2004-05 (pages 155) iii) Copy of acknowledgment of return of income for Assessment year 2003-04 (pages 156) iv) Copy of PAN No. ABTPS427DR (page 157) v) Copy of death certificate (page 158) vi) Copy of Ikrarnama from Sandeep Suri (page 159- 160) vii) Copy of confirmation from Sanjeev Suri (pages 161) Replies during the course of assessment proceedings - Reply dated 7.12.2011 (16) - Reply dated 23.12.2011 (18) - Reply (21-22) Replies during the course of appellate proceedings - Submission (23) - Additional submission (25) - Rejoinder submission (41-43) Addition representing unexplained cash deposits in saving bank account with ICICI Bank Addition representing unexplained cash deposits i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vii) Copy of affidavit by the following persons Ummed Ali (page 141) Shaifal Ali (page 142) Gul Bahar (page 143-144) viii)Copy of Ikrarnama with Ritu Dewan (pages 145-147) ix)Copy of affidavit by the following persons Somveer (page 148) Bhup Singh (page 149) Omveer (page 150) x) Copy of statement recorded of Ritu Dewan 13.03.2013 during remand proceedings in the case of Puneet Dewan HUF (pages 151-153) Replies during the course of assessment proceedings. -Reply dated 23.12.2011 (19) Reply (22) vii) Replies during the course of appellate proceedings Additional submission (25) Rejoinder submission (46-48 Addition representing unexplained deposits in saving bank account with ICICI Bank Ltd. Addition representing unexplained depos ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... others has also not been adverted to in the order of the ld. CIT(A). Thus, the matter should be remanded back to the file of the Assessing Officer to give proper finding on each and every evidence and also to consider the explanation and the statement given during the course of the assessment and appellate proceedings. 6. On the other hand, learned Department Representative strongly relied upon the order of the Assessing Officer and ld. CIT(A) and submitted that categorical finding has been given in the impugned order that the assessee has not discharged its onus and therefore, order of CIT(A) should be affirmed. 7. From the perusal of the various evidences filed by the assessee before the authorities below, it is seen that none of these ..... X X X X Extracts X X X X X X X X Extracts X X X X
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