9911796707
TMI Blog2021 (3) TMI 1012X X X X Extracts X X X X X X X X Extracts X X X X ..... ining the addition of ₹ 3,67,000/-. I, therefore, set aside the order of the CIT(A) and direct the AO to delete the addition. The grounds raised by the assessee on this issue is accordingly allowed. - ITA No.9901/Del/2019 - - - Dated:- 24-3-2021 - Shri R.K. Panda, Accountant Member For the Assessee : Shri M.R. Sahu, CA For the Revenue : Ms Renu Mukherjee, Sr. DR ORDER PER R.K. PANDA, AM: This appeal filed by the assessee is directed against the order dated 21.11.2019 of the CIT(A), Rohtak, relating to assessment year 2011-12. 2. The assessee, in the various grounds of appeal has challenged the validity of the reassessment proceedings as well as addition of ₹ 3,62,000/- sustained by the CIT(A) out ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rom sale receipts and an amount of ₹ 3,50,000/- was taken from his brother . The complete break-up- of the cash deposit in the bank account was filed before the AO and, therefore, the addition made by the AO was not justified. 5. However, the ld. CIT(A) was not satisfied with the explanation given by the assessee. She obtained a remand report from the AO on the basis of various details field before her by the assessee. After considering the remand report of the AO and the rejoinder of the assessee to such remand report, the ld. CIT(A) sustained an addition of ₹ 3,62,000/- being cash deposit of ₹ 3,16,000/- at Jaipur, ₹ 15,000/- at Jamnagar and ₹ 36,000/- at Delhi, holding the same to be not out of regular sa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pheld and the ground raised by the assessee on this issue should be dismissed. 10. I have considered the rival arguments made by both the sides, perused the orders of the AO and the CIT(A) and the paper book filed on behalf of the assessee. I have also considered the various decisions cited before me. I find, the AO, on the basis of the information received that the assessee has made cash deposit of ₹ 12,07,200/- in his savings bank account maintained with ICICI Bank, reopened the assessment by issuing notice u/s 148 of the Act. In the order passed u/s 147/143(3), the AO accepted an amount of ₹ 3,50,000/- received by the assessee as gift from his brother Shri Surender and made addition of ₹ 8,57,200/- on the ground that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 77; 15,000/- at Jam Nagar and ₹ 36,000/- at Delhi were sustained by the CIT(A). A perusal of the order of the CIT(A) shows that the assessee, before the AO, while explaining cash deposit at Jam Nagar, had submitted that an amount of ₹ 10,000/- dated 03.09.2010 and ₹ 5,000/- dated 20.01.2011 were deposited by a customer directly in the account of the assessee which relates to sale. It was explained that the father of the person to whom sales were made was doing his business at Jam Nagar and he had deposited the cash against the sale of goods. Similarly, while explaining the cash deposit of ₹ 3,16,000/- at Jaipur is concerned, it was submitted that the parents of the assessee were staying at Jaipur and the assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X
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