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TMI Blog2019 (7) TMI 357X X X X Extracts X X X X X X X X Extracts X X X X ..... see subsequently to the concerned creditors/customers and it was held by CRYSTAL NETWORKS P. LTD. VERSUS COMMISSIONER OF INCOME-TAX [ 2010 (7) TMI 841 - KOLKATA HIGH COURT] on these facts and circumstances of the case that the advances so received by the assessee could not be treated as unexplained cash credit - addition to be deleted - Decided in favour of assessee. - I.T.A. No. 2463/KOL/2018 - - - Dated:- 7-6-2019 - Shri P.M. Jagtap, Vice-President (KZ) For the Appellant : Shri S.M. Surana, Advocate For the Respondent : Shri Sankar Halder, JCIT, Sr. D.R. ORDER PER SHRI P.M. JAGTAP, VICE-PRESIDENT (KOLKATA ZONE) :- This appeal filed by t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cordingly dismissed as not pressed. 3. Grounds No. 2 3 involve a common issue relating to the addition of ₹ 4,45,000/- made by the Assessing Officer and confirmed by the ld. CIT(Appeals) on account of cash advances received by the assessee from various customers by treating the same as unexplained. 4. The assessee in the present case is an individual, who is engaged in the business of retail trading of motor-parts and accessories under the name and style of his proprietary concern M/s. Car Decora. The return of income for the year under consideration was filed by him on 22.09.2010 declaring total income of ₹ 3,47,627/-. During the course of assessment proceedings, it was found by the Assessing Off ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d under section 143(3) vide an order dated 28.01.2016. 5. On appeal, the ld. CIT(Appeals) confirmed the said addition made by the Assessing Officer observing that the assessee could not controvert the adverse findings of fact recorded by the Assessing Officer in the assessment order while treating the cash advances as unexplained. 6. I have heard the arguments of both the sides and also perused the relevant material available on record. In the case of Saha Enterprises vs.- ITO cited by the ld. Counsel for the assessee, a similar issue had come for consideration before the Tribunal involving almost identical facts and while deciding the same vide its order dated 06.02.2015 passed in ITA No. 2141/KOL/2014, the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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