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TMI Blog2018 (11) TMI 1177X X X X Extracts X X X X X X X X Extracts X X X X ..... facts and in the circumstances of the case the lower authorities and ITAT have not committed illegality by passing the impugned orders sustaining the addition of Rs. 14,73,000/-? ii. Whether under the facts and in the circumstances of the case the impugned orders are not liable to be set aside being in violation of Principles of Natural Justice? iii. Whether under the facts and in the circumstances of the case, the Tribunal has not committed an illegality by not remanding the case to the file of Assessing Officer by setting aside the orders Annexures A-1 & A-2? 2. Put shortly, the facts necessary for adjudication of the instant appeal as narrated therein may be noticed. The assessee filed his return of income on 12.3.2012 at Rs. 1,4 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he substantial questions of law claimed by the assessee, the following issues emerge for consideration:- (1) Whether the addition of Rs. 14,73,000/- made by the Assessing Officer sustained by the CIT(A) and the Tribunal was justified? (2) Whether the Tribunal was right in remanding the issue of addition of Rs. 57,000/- on account of net profit @ 5% of the total amount of cash deposits to the CIT(A)? 5. Taking up first issue of addition of Rs. 14,73,000/-, the Assessing Officer made the said addition with the following observations:- "Since the assessee has not furnished any information regarding source of the amounts, the whole amount deposited by the assessee is to be treated as unexplained. However, since the assessee has made with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... her on 16th of January, 2008. The appellant had no explanation for the considerable time lag in the purported deposit of the sale proceeds of January 2008, in the bank accounts during the financial year 2010-11. The appellant was also unwilling to give any information regarding the taxability of such accruals in the hands of the appellant's mother during the relevant period. Under these circumstances, the appellant was denied the opportunity of adducing the new evidence and the request was overwhelmingly rejected." The Tribunal upheld the said addition sustained by the CIT(A). 7. In view of the concurrent findings of fact recorded by the Assessing Officer, the CIT(A) and the Tribunal that the assessee-appellant was unable to satisfac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tands allowed."
9. Accordingly, the Tribunal had remitted the matter to the CIT (A) to decide the issue regarding 'the addition of Rs. 57,700/- made by the assessing Officer on account of net profit @ 5% on the total amount of cash deposits in the saving bank account of the assessee afresh on merits after affording proper opportunity of hearing to the assessee.
10. No illegality or perversity could be pointed out by learned counsel for the assessee in the findings recorded by the Tribunal which may warrant interference by this Court. No question of law, much less, substantial question of law arise in the appeal.
11. Accordingly, finding no merit in the appeal, the same is hereby dismissed. X X X X Extracts X X X X X X X X Extracts X X X X
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