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TMI Blog2021 (8) TMI 1036X X X X Extracts X X X X X X X X Extracts X X X X ..... submitted an affidavit of the President of the Society stating that the deposits are from the receipts of the society and such an affidavit also has not been doubted by the revenue. In such circumstances, we are of the opinion that the CIT(A) ought to have called for a report from the AO, who in turn, could have given an opportunity to assessee and also verified whether sales were recorded in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d 28.08.2019 relating to A.Y. 2013-14. 2. Brief facts of the case are that the assessee, an individual, filed his return of income for A.Y. 2013-14 on 20.03.2015 totalling to ₹ 2,96,910/-. During the assessment proceedings u/s. 143(3) of the Income Tax Act, 1961 [the Act in short], the AO observed that assessee received salary from the Nizamabad Dist, Toddy Co-operative Society Ltd. @ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts from 11 shops. He submitted that such receipts were deposited into his three bank accounts and subsequently returned to the concerned Members of the society. In support of the same, assessee submitted a copy of the letter of the President of the Toddy Distribution Society. The AO, however did not accept the contentions of the assessee and after reducing the withdrawals from the total of the dep ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ade by the AO for want of such an affidavit. 3. Without prejudice to foregoing grounds, the ld. CIT(A) ought to have conceded the alternative argument advanced before her that in case the main argument of the appellant that the money belonged to various members of the society is not acceptable, the said deposits of ₹ 62,11,000/- may be treated as retail turnover of appellant u/s. 44AD o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... made out of sales of the society. Hence, for this limited purpose of verification of the contentions of the assessee that the deposits are from the sales of Nizamabad Toddy Co-Op Society, we deem it fit and proper to remand the issue back to the file of the AO for de novo consideration in accordance with law. 4. In the result, assessee's appeal is treated as allowed for statistical purpose ..... X X X X Extracts X X X X X X X X Extracts X X X X
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