9911796707
TMI Blog2020 (11) TMI 557X X X X Extracts X X X X X X X X Extracts X X X X ..... ion by the assessee and details of the bank account was very much available with the AO being the basis of this addition - Assessee has also filed an affidavit to explain the reasons for source as well as not furnishing the documentary evidence before the authority below. From documents filed by the assessee as additional evidence we find that though the assessee could not produce these documents before the authorities below however, these documents were very much in existence at the time of assessment and there is no scope of any manipulation - we admit the additional evidence filed by the assessee and set aside the matter to the record of the AO to adjudicate the same afresh after verification and examination of the additional evidence ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... alleged unexplained income i.e. ₹ 545000/- time deposits with bank ₹ 360000/- cash deposited in bank the addition is without any basis and unjustified liable to be quashed. 5. On the facts and in the circumstances of the case, Ld. AO erred and simultaneously ld. CIT(A) sustain in charging interest u/s 234A, 234B and 234C of the Act. The appellant totally denies its liability of charging any such interest. The interest so charged, being contrary to the provisions of law and facts, kindly be deleted in full. 2. Ground No. 1 is regarding validity of reopening of assessment. At the time hearing, the ld. AR of the assessee as stated at bar that the assessee does not press ground no. 1 and the same may be dismissed as not pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the said documents is relevant for deciding the issue of addition made by the AO on account of term deposit as well as cash deposit in the bank account of the assessee. The ld. AR has also referred to bank account statement of the assessee and submitted that the assessee has withdrawn various amount from her bank account prior to the term deposit as well as cash deposit. Thus, the ld. AR has submitted that the documents which are now filed by the assessee are available in the public domain and could have been verified by the AO at the time of assessment. If these documents are to be considered then the assessee has explained the source of term deposit of ₹ 5,49,000/- and cash deposit of ₹ 3,60,000/- . Hence, the ld. AR has plead ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d source of time deposit of ₹ 5,45,000/- and on account of unexplained source of cash deposit of ₹ 3,50,000/- were made by the AO. Thus, the total income of the assessee was assessed at ₹ 9,05,000/-. The assessee challenged the action of the AO before the ld. CIT(A) however, the ld. CIT(A) dismissed the appeal of the assessee both on the ground of delay of 20 days as well as on merits. As regards the delay of 20 days in filing the appeal the assessee has explained the reasons that she is an old widow of 72 years and living alone as her children are not living with her. She has also stated in the application that due to old age she was not able to hand over the requisite documents to the advocate/ authorized representative ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndone the delay of 20 days in filing the appeal before the ld. CIT(A). 6. As regards the additional evidence proposed to be filed by the assessee we find that the assessee has now produced a development agreement dated 21.12.2010 whereby the assessee has agreed for development of her plot of land and sharing the constructed area in 50- 50 ratio with the developer. Under the said agreement the assessee has also received ₹ 5,00,000/- and details of which are given in the agreement itself. Thus, once the registered agreement shows the receipt of ₹ 5,00,000 by the assessee then, it is relevant to consider the said agreement in support of the source of the term deposit and cash deposit in the bank account. Further, the assessee ha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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