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TMI Blog2019 (5) TMI 1113X X X X Extracts X X X X X X X X Extracts X X X X ..... o such amount, which has been found deposited by assessee in his saving bank account. To our mind in present facts of case section 69 should have been initiated by Ld.AO. It is unfortunate that Assessing Officers blindly apply provisions, which can be fatal to the interest of Revenue. - Decided in favour of assessee. - ITA No. 3054/Del/2018 - - - Dated:- 10-1-2019 - Shri H.S. Sidhu, Judicial Member For the Assessee : Sh. R.S. Singhvi, CA And Sh. Satyajeet Goel, CA For the Department : Sh. S.L. Anuragi, Sr. DR. ORDER This is an appeal by the Assessee against the order dated 28.2.2018 of the Ld. CIT(A)-14, New Delhi relevant to assessment year 2009-10 on the followin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n. After recording the reason for reopening of the assessment proceedings and obtaining approval from the competent authority, a notice u/s. 148 of the Income Tax Act, 1961 was issued and served upon the assessee. In response, the assessee has stated that earlier return for the AY 2009-10 may please be treated in response to notice u/s. 148 of the Act. The assessee also requested to supply the copy of reasons recorded for reopening of the case. Thereafter, notices u/s. 143(2) of the Act dated 22.8.2016 and u/s. 142(1) of the Act dated 20.10.2016 were issued to the assessee. In response, the A.R. for the assessee appeared and filed reply vide letter dated 3.11.2016. After considering the reply, the AO observed that the assesse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4. On the contrary, Ld. DR relied upon the orders of the authorities below. 5. I have heard both the parties and perused the records, especially the impugned order as well as the order of the Tribunal in the case of Vijay Kumar Prop. V.K. Medical Hall vs. ITO, Ward-2, Faridabad for AY 2011-12 dated 27.11.2018 passed in ITA No. 2483/Del/2015. I find considerable cogency in the contention of the Assessee s counsel that the issue in dispute is squarely covered by the aforesaid Tribunal s order dated 27.11.2018 wherein, the Tribunal has held as under:- 10. We have heard both the sides in light of records placed before us. 11. Admittedly, assessee has not maintained any books of accounts, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... roposition advanced by Ld.AR of non applicability of section 68 in case of cash credit found in saving bank account. 14. It is further observed that Ld. AO applied section 68 and made additions in hands of assessee, as unexplained cash credits, to such amount, which has been found deposited by assessee in his saving bank account. To our mind in present facts of case section 69 should have been initiated by Ld.AO. It is unfortunate that Assessing Officers blindly apply provisions, which can be fatal to the interest of Revenue. However as a Tribunal, we are not competent to make addition u/s 69A of the Act, by virtue of the decision of Hon ble Allahabad High Court in case of Smt. Sarika Jain vs. CIT reported in 407 ITR 254. H ..... X X X X Extracts X X X X X X X X Extracts X X X X
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