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TMI Blog2021 (6) TMI 625X X X X Extracts X X X X X X X X Extracts X X X X ..... e A.O. also did not provide an opportunity of hearing to the assessee to substantiate his case. As given the facts and circumstances of the case, the matter needs to be considered afresh by the A.O. The A.O. shall consider the evidence placed by the assessee before the CIT(A) to determine the source of cash deposit, whether it is genuine or not. (The A.O. shall also examine whether assessee has disclosed any income u/s 44AE of the Act for the relevant period). The A.O. shall afford a reasonable opportunity of hearing to the assessee. The assessee shall cooperate with the revenue and shall not seek unnecessary adjournment. Appeal filed by the assessee is allowed for statistical purposes. - ITA No.123/Bang/2019 - - - Dated:- 18-6-2021 - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... deducted on the same. During the FY 2014-15, we have also purchased lorries to transport contractors and industries on trip basis. The lorries used to go to the mine head and unload at the point specified by our contractee and obtain acknowledgement slip and LR copies the same was surrendered along with acknowledgement of unloading at the time of taking the payments. Normally the payments were made in cash on trip basis. The cash payments are received in transport business and I also like to bring to your kind notice that lorry drivers and helpers are uneducated. The same cash was deposits in the bank accounts. So our bank accounts are reflected with cash deposits. 4. The A.O. noted that assessee did not file supporting documents ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt reflects income declaration u/s 44AE of the IT Act 1961. Further, the explanation given by the appellant in respect of cash transportation receipts and the credits in the bank accounts in Chamrajnagar Bangalore are contradictory and does not prove that such credits were out of transportation receipts. The trip wise details submitted before me cannot be verified and confirmed. In addition to above, the remand report received from the ITO Ward 1 Hospet has not accepted the explanation of the Appellant and reiterated the additions made u/s 69A. I am in agreement with the observations of the Assessing Officer. In light of the above the Assessee ground Nos.1, 2 3 are dismissed and the addition is sustained 6. Aggrieved by the orde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ection 44AE of the Act and since no regular books of accounts were maintained in respect of the said transport business, assessee had sought some more time to furnish the details called for by filing a letter dated 28.12.2017. However, the A.O. concluded the assessment proceedings on 29.12.2017 by adding the aggregate cash deposit of ₹ 1,69,57,000/- made into the said bank account on various dates. 9. Before the CIT(A), it was submitted that the additions made u/s 69A of the Act was made merely because assessee could not furnish the necessary details as required by the A.O. Before the appellate proceedings, assessee had filed additional evidence. The summary of month-wise transport receipts reconciling with the amounts deposited in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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