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TMI Blog2020 (11) TMI 856X X X X Extracts X X X X X X X X Extracts X X X X ..... - In the absence of any contrary material the impugned order of the ld. CIT(A) confirmed - Decided against assessee. - ITA No. 1245/JP/2019 - - - Dated:- 13-10-2020 - Shri Vijay Pal Rao, Judicial Member For the Assessee : None For the Revenue : Miss Chanchal Meena (ACIT) ORDER PER: VIJAY PAL RAO, J.M. This appeal by the assessee is directed against the order dated 20.08.2019 of ld. CIT(A), Ajmer for the assessment year 2011-12. Due to prevailing COVId-19 pandemic condition the hearing of the appeals are concluded through video conference. The assessee has raised following grounds:- 1. That on the facts and circumstances of the case, the notice issued under section 148 by the Ld. AO is bad in law for variou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on is thus prayed for being deleted. 7. On the facts and circumstances of the case and without prejudice to other grounds of appeal, the Ld. CIT(A) had erred in confirming the action of Ld. AO of assessing the income of assessee at ₹ 45,62,075.00 which is in alternate excessive and unjustified. It is hereby prayed for reducing the addition thus made. 8. The appellant hereby craves leave to add, alter, amend or substitute one or more grounds of appeal at the time of hearing. 2. None has appeared on behalf of the assessee when this appeal was called for hearing despite the fact that the hearing was adjourned for today i.e. 12.10.2020 at the request of the assessee. Therefore, in the facts and circumstances of the case I p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he decision of this Tribunal as well as Hon ble High Court in case of Smt Aanita Choudhari wherein the income @ 10% of the total deposit was upheld. She has relied upon the orders of the authorities below. 4. Having considered the submissions of the ld. DR and careful perusal of the orders of the authorities below it is noted that the assessee has not disputed the fact of deposit of more than 4.56 crores in his bank account. The assessee is also having two proprietorship concerns from where the assessee has admitted to have issued bills regarding bogus accommodation entries of sale. The Department has accepted this explanation of the assessee that the amount deposited in the bank account of the assessee is on account of bogus accommod ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s, grounds of appeal, written submission, remand report and rejoinder carefully. It is seen that the bank account was in the name of the appellant. The appellant could not furnish any documentary evidence of show that his bank account was used by other persons. The AO in the assessment order has given detailed reason for not accepting the contention of the appellant that his bank account was used by other persons. The AP has been very reasonable in estimating the net profit only at the rate of 10% of the total cash deposits relying on the decision of jurisdictional ITAT and High Court in the case of Smt Anita Choudhary. Therefore, I am of the considered view that the addition of ₹ 45,62,075/- made by the AO is fully justifie ..... X X X X Extracts X X X X X X X X Extracts X X X X
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