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TMI Blog2019 (8) TMI 1636X X X X Extracts X X X X X X X X Extracts X X X X ..... law, the Hon'ble CIT(A) has erred ill confirming the order of learned assessing officer with regards to addition of Rs. 24,32,500/- on account of unexplained cash deposits. It is submitted that the Hon'ble CIT(A) has made such arbitrary addition without considering the facts and circumstances of the case. It is therefore prayed that addition of Rs. 24,32,500/- is unjustified, unwarranted and shall be deleted and necessary direction shall be given in this regard. 7,89,224/- 2. On the facts and circumstances of the case and in law, the Hon'ble CIT(A) has erred in confirming the addition of Rs. 28,71,972/- being addition of unexplained expenses without considering the facts and circumstances of the case. It is therefore prayed t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gned by somebody for Shri Harish Wadhwa. No power of attorney could be produced by the person who appeared with this letter and hence, request of adjournment was rejected and the appeal of the assessee was heard ex-parte qua the assessee. The ld. DR of revenue supported the order of ld. CIT(A). 4. We have considered the submissions of revenue. We find that ground no. 1 is regarding addition made by the AO of Rs. 24,32,500/- on account of unexplained cash deposits. The second issue raised in the appeal is regarding the addition made by the AO and confirmed by ld. CIT(A) of Rs. 28,71,972/- being addition of unexplained expenses. The third issue raised is regarding addition made by the AO and confirmed by ld. CIT(A) of Rs. 54.30 Lakhs being u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dition of Rs. 24,32,500/- is confirmed. 9 On the issue of addition of unexplained expenses of Rs. 28,71,972/- the appellant has not been to demonstrate that the same stands explained and no addition need be made. In the absence of any cogent evidence and the fact that the appellant has only made self serving statements which only gloss over the issue without addressing the same with sincerity & purpose, the addition is confirmed 10 On the issue of addition of Rs. 54,30,000/- by way of undisclosed professional receipts, the appellant has not been able to explain the same satisfactorily. The appellant claims that the sum of Rs. 4,80,000/- offered to tax as Business Income is nothing but this professional income offered to tax on an estima ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 9,80,919/- is therefore confirmed." 5. We have gone through these paras reproduced from the order of ld. CIT(A). We find that regarding the first issue in respect of addition of Rs. 24,32,500/, it is held by ld. CIT(A) that this was the claim of the assessee that these are deposits made from withdrawals of a firm called Aerolax Agro which is possessing agricultural lands and earning agricultural income. The ld. CIT(A) has held that as per the judgment of Hon'ble Karnataka High Court, only an Agriculturist can own agricultural land and a firm cannot own one. It is also stated by ld. CIT(A) that as per the judgment of Hon'ble Karnataka High Court rendered in the case of Namdhari Seeds it was held that in the State of Karnataka, incom ..... X X X X Extracts X X X X X X X X Extracts X X X X
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