9911796707
TMI Blog2019 (6) TMI 1178X X X X Extracts X X X X X X X X Extracts X X X X ..... sh deposit - search and seizure operation conducted at office premises of the assessee wherein documents, books of accounts, computers, cash, jewelleries, bank accounts etc. were found and some of the documents were seized - HELD THAT:- The assessee has declared undisclosed income for AY 2009-10 is ₹ 7,91,88,956/- which is inclusive of the other receivables as discussed above to an extent of ₹ 2,89,01,000/-. Therefore, it is clear that the AO considered the other receivable as discussed above in the AY 2009-10 and it is very much part of total income of the assessee under the head undisclosed income . There is no dispute in respect of this aspect and also the payment of tax by the assessee. Further, an amount of ₹ 1,86,4 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2016 and assessee expired on 16.05.2016. It was argued by the Ld.AR since February 2016, the assessee was not well and he was hospitalized and after treatment, he expired in the month of May, 2016. The legal heir who filed this appeal before this Tribunal was looking after his father s health during his hospitalization caused delay in filing the present appeal. On hearing both the parties and having verified above said affidavit, we find the reasons stated in the said affidavit are bonafide which really prevented the assessee in filing the present appeal in time. Therefore, the delay of 171 days are condoned. 3. On merits, the only issue is to be decided as to whether the CIT(A) is justified in confirming the addition made by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the total income of the assessee vide his order dated 19.03.2014. 6. Before CIT(A) in the first appellate proceedings, it was contended that the assessee declared an amount of ₹ 8 crores for taxation and out of the said amount of ₹ 8 crores, ₹ 5,16,32,206/- was deployed in five benami bank accounts and the balance was receivable from the different parties. The returns were filed u/s 153A of the Act and alongwith balance sheet. In the balance sheet on the assets side, the advances given to various persons were shown as receivable. The assessments were completed u/s 153A/143A of the Act and balance sheet filed alongwtih return were accepted by the AO without any question. Further, we note that it was argued b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r submitted his report, vide Letter No. DCIT, CC- 3(3)/Kol/Remand Report/2014-15 dated 05.12.14, wherein it is reported that, During the course of assessment proceedings, AR was several times requested to furnish the details of Trade Receivable/other receivables including the name and complete address of the Debtors to co-relate the cash deposit of Rs.l,52,56,000/- into the bank account Non furnishing of the details of Trade Receivables/other receivables as shown in the balance sheet. The onus lies on the assessee to prove that the cash of Rs.l,52,56,000/- deposited in the bank account was made out of Trade Receivables/Other receivables of ₹ 2,78,61,000/-. But the assessee failed to substantiate his claim by providing the supporting ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 000/- as undisclosed cash deposits made by the AO is justified and therefore confirmed. In view of this the appeal on this ground is rejected. 8. Before us, the Ld.AR reiterated the same submissions as made before the lower authorities. Further, he referred to the assessment order for AY 2009-10 which is at page No.1 of Paper Book and submitted that the assessee vide its letter dated 17.08.2011, an amount of ₹ 2,91,87,380/- was further disclosed for AY 2009-10 and the said income was routed through banking account in the name of Mrs. Rina Saha. According to AO, the total undisclosed income of the assessee for AY 2009-10 is ₹ 7,91,88,956/-. Further, he referred to assessment order for AY 2010-11 and submitted tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h parties and perused material available on record. According to AO, there were no details in respect of contention, the impugned amount is the trade receivable by the assessee. But, however, P L A/c for AY 2009-10 clearly shows that the amount of ₹ 2,89,01,000/- has been shown as other receivable. It is also noted from the income and expenditure account for AY 2010-11, an amount of ₹ 3,21,31,500/- has been shown as other balances. Further, we note that the assessee has declared undisclosed income for AY 2009- 10 is ₹ 7,91,88,956/- which is inclusive of the other receivables as discussed above to an extent of ₹ 2,89,01,000/-. Therefore, it is clear that the AO considered the other receivable as discuss ..... X X X X Extracts X X X X X X X X Extracts X X X X
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