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TMI Blog2018 (11) TMI 471X X X X Extracts X X X X X X X X Extracts X X X X ..... y assessee. It is also been submitted that all details regarding the amounts have been verified and is also reflected. Thus we do not find any reason to deviate from observations of Ld. CIT (A). - decided against revenue. Addition of cash credits made in hands of assessee - Held that:- CIT(A) categorically observed that A.O. verified additional evidences filed by assessee and has gone through complete books of accounts and other relevant supporting details on this issue. It has also been recorded by Ld. AO in remand report, that these details reveals that assessee has received amount from some parties in cash, and which is reflected in books of accounts. He thus does not question/doubt genuineness of the deposits as it has been considere ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ited out of cash received from contract receipts although no details of such pa y ers have ever been furnished. 4. On the facts and circumstances of the case , the CIT(A) has erred in fact and in law in allowing relief on the basis of report submitted b y the AO in which it was never accepted that the books are complete and correct . 5. The appellant craves for the permission to add , delete or amend grounds of appeal before or at the time of hearing of appeal. 2. Brief facts of the case are as under: Assessee filed his return of income on 28/09/11 declaring total income of ₹ 9,30,860/-. Return was processed under section 143 (1) of the Income Tax Act, 1961 (hereinafter referred to as the Act ). The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re handed over to his Representative who was appearing before Ld.AO. However the Representative failed to appear in the proceedings before Ld.A.O. and did not file various details like bills/vouchers in respect of expenses incurred by assessee as well as unsecured loans. Assessee thus submitted that all the necessary details that were required to adjudicate these issues were filed before Ld.CIT(A), who after calling for a remand report from Ld.A.O. admitted those evidences as it was necessary to decide the case. Assessee submitted that Ld.CIT(A) while dealing with the issues before him, having regard to details filed, deleted addition by observing that assessee produced all books of accounts and documents to substantiate cash credits, which ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Accordingly Ground No.1 raised by revenue stands dismissed. 8. In Ground No. 2-3 revenue is aggrieved by deletion of cash credits made in hands of assessee amounting to ₹ 43,37,000/-. This again has been deleted by Ld. CIT (A) after giving a detailed analysis which is as under: i) Unexplained cash deposits of ₹ 43,37,000/- in appellant's bank account:- The facts are that the A.O noticed that there were cash deposits in appellant's bank account with Oriental Bank of Commerce during the year under consideration amounting to ₹ 43,37,000. Since the appellant did not file any details and other necessary evidence substantiating the genuineness of the aforesaid cash deposits, the A.O added the entire amoun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , the Ld. CIT (A) take necessary decision on merit basis. I have considered the facts of the case and gone through the submissions of the appellant together with remand report of the A.O. The addition of ₹ 43,37,000/- was made by the A.O in her order u/s 143(3) of the Income Tax Act in view of the fact that no details were submitted by the appellant establishing the genuineness of the aforesaid cash deposits. The appellant however, during the course of remand proceedings, produced complete books of account and other relevant documents substantiating the fact that the aforesaid cash deposits were on account of the total payment of ₹ 1,54,94,983/- received in cash in connection with his business. The A.O after examining th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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