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2021 (4) TMI 709

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..... ed that due to non-cooperation of assessee his Counsel has withdrawn from the proceedings - no merit in the ground of appeal raised by the assessee, thus, we affirm the order passed by the ld. CIT(A). - Decided against assessee. - I.T.A. No. 818/AHD/2014 - - - Dated:- 9-2-2021 - Pawan Singh, Member (J) And Dr. Arjun Lal Saini, Member (A) Assessee by : None. Revenue by : Smt. Anupama Singla Sr.DR ORDER Per Pawan Singh, Judicial Member 1. This appeal by Assessee is directed against the order of ld. Commissioner of Income Tax (Appeals)-IV, Surat dated 06.12.2013 for assessment year (AY) 2009-10. The sole ground of appeal raised by the assessee relates to addition of cash deposit of ₹ 17,09,588/- in bank accoun .....

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..... er noted that source of withdrawal from saving bank account with ABN Amro Bank of ₹ 13,63,725/- taken from HDFC Bank on 21.03.2008. The total cash withdrawal from account of RBS is ₹ 20.43 lakhs and deposits are only ₹ 16.54 lakhs. The assessee made cash deposit of ₹ 2.00 lakhs each on 24.07.2008 and on 31.07.2008, ₹ 1.00 lakh on 08.09.2008 and ₹ 1.5 lakhs on 12.09.2008 to give token amount to Indo Asia Machineries of ₹ 8.00 lakhs on 16.09.2008. ₹ 5,70,000/- was withdrawn on 10.11.2008 out of receipt of ₹ 8.00 lakhs from Indo Asia Machineries on 13.10.2008, ₹ 2,80,000/- deposited on 24.02.2009 and again ₹ 2,50,000/- on 25.02.2009 out of withdrawal of ₹ 5,70,000/-. On se .....

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..... otal credit in RBS bank as unaccounted income and made addition of ₹ 17,04,500/- and addition of interest income of ₹ 5,088/-. 3. Aggrieved by the additions, the assessee filed appeal before the ld. CIT(A), the ld. CIT(A) noted that similar submission as made before the Assessing Officer was made before him. The ld. CIT(A) after considering the submission of assessee and the material available on record held that interest income earned by assessee offered by assessee by admitting his mistake and deleted the addition of interest income. However, the addition of ₹ 17,04,500/- on account of cash deposit in RBS was confirmed, by taking view assessee has not been able to explain the deposit in bank account. Further aggrieved .....

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..... vailable on record. 6. The learned Sr. DR for the Revenue submits that the assessee miserable failed to prove the source of cash deposit either before the Assessing Officer or before the ld. CIT(A). The Lower Authorities in absence of proper explanation and evidence about the source of cash deposit made addition. Moreover, the said bank account was not disclosed by assessee either in Return of Income, Computation of Income or during the assessment proceedings. The learned Sr. DR prayed for sustaining the entire addition. 7. We have considered the submission of learned Sr. DR for the Revenue and perused the order of Lower Authorities carefully. We have noted that during the assessment, the assessee was given ample opportunity to explai .....

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