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TMI Blog2021 (9) TMI 640X X X X Extracts X X X X X X X X Extracts X X X X ..... acts and circumstances of the case, we do not find any reason to interfere or deviate from the findings so recorded by the ld. CIT(A), hence, we uphold the same. Appeal dismissed. - ITA No. 83/Jodh/2020 & SA No. 05/JODH/2020 - - - Dated:- 7-9-2021 - Sandeep Gosain, Member (J) And Vikram Singh Yadav, Member (A) For the Appellant : Suresh Ojha, Adv. For the Respondents : Kajal Singh, JCIT-DR ORDER Per Sandeep Gosain , JM Both, i.e. stay application as well as income tax appeal are fixed for hearing today before the ITAT. With the consent of the ld. counsel of the assessee as well as ld. DR of the Revenue, both i.e. the S.A. and the appeal itself are taken for hearing. 2. The hearing of the appeal was concluded through video conference in view of the prevailing situation of Covid-19 Pandemic. 3. Firstly, we take ITA No. 83/Jodh/2020 for deciding the issue because once the income tax appeal is being decided then S.A. which is arisen from income tax appeal, will automatically decide. This is an appeal filed by the assessee against the order of the ld. CIT(A)-3, Jaipur dated 04/06/2019 for the A.Y. 2013-14, wherein the assessee has raised the following gro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2,00,000/-. 6. Against the above said order of the ld. CIT(A), the assessee is in further appeal before the ITAT on the grounds mentioned above. 7. All the grounds taken by the assessee in this appeal are interrelated and interconnected and the assessee is basically aggrieved by the order of the ld. CIT(A) in confirming the reopening proceedings U/s. 147 of the Act and also confirming the addition of ₹ 2,00,000/-. 8. Having considered the rival contentions and carefully perused the material placed on record. From perusal of the record, we observed that the proceedings initiated U/s. 147 of the Act was upheld by the ld. CIT(A) on the ground that the assessee failed to explain the source of ₹ 5,17,000/- investment made in one piece of land. The ld. AR also has not submitted anything regarding initiation of proceedings U/s. 147 of the Act. Before the ld. CIT(A), the assessee has submitted that the action had been taken on the information received from the Director General, Investigation. He expressed that the Director General had directed and on his direction, action had been taken. Before the ld. CIT(A), the assessee also submitted that, according to the opinion ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court has allowed the appeal of the assessee. 6.2. In case of CIT vs. Maharaja Shree Umaid Mills Ltd. (1991) 192 ITR 565 (Raj), the Hon'ble Rajasthan High Court has held that the Tribunal was justified in holding that since books of accounts had not been rejected, the mere fact that there had been a fall in the g.p. rate would not lead to the inference that the expenditure had been inflated. 6.3. In case of CIT vs. Padamchand Ram Gopal (1970) 76 ITR 719 (SC), the Hon'ble Supreme Court has held that no addition is justified if the books of accounts are not rejected. 6.4. We have also seen the other case law relied upon by the learned authorised representative and we find that the book results cannot be ignored if the books of accounts are not rejected or any defect were not pointed out by the AO. Therefore, we do not see any infirmity in the order of the CIT(A). On the reasons given by CIT(A) and on the reasons given here by us, the order of the CIT(A) is confirmed here by us. The above order is applicable in toto. The order is order of the coordinate Bench. It is further submitted that the amount of rupees two lacs were given in the last year that is AY ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... even ignoring the binding nature judgment of even Supreme Court, it will be worthwhile to submit and draw your attention that the assessee categorically stated in the statement recorded before the A.D.I. that he is maintaining books of account and also produce the balance sheet thereof before the ADI and CIT(A). The statement of assessee is at page 14 to 16 and the version in respect of maintenance of books is at page 20 of the said statement. The books of accounts are being maintained and the assessing officer mention that assessee is not maintaining the books of account and the Commissioner of Income Tax follow the same reason best known to him. From the perusal of the balance sheet you will observe that amount of ₹ 2,00,000/- as advance in the immediately preceding year. The income tax officer fails to accept the same when balance sheet was there. The copies of balance sheets for the year ending on 31st March 2011, 31st March 2012 and 31st March 2013 are being attached in paper book at page No. 14 to 16. As far as the savings is concerned the ASSESSEE categorically even in the statement recorded before A.D.I. also stated that he is having no income other than the agricultu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of ₹ 4,00,000/- making detail observation that the appellant produce the Jamabandi and Girdawari but no bills of sale of agricultural products are produced. In support to his claim of source of investment the assessee produced a page giving head payment, income, loan and saving account on a white paper and apart from this produced nothing to his support. In view of this it is clear that it is crooked story written only on white paper. However, benefit of agricultural income, KCC loan is allowed to the extent of ₹ 417 lakh. The AIR of the appellant submitted that the appellant is having only agricultural income. He is having agriculture land 60 Bigha. This fact is also accepted by the Assessing Officer in the assessment order that appellant produce the Jamabandi and Girdawari only but no bill of agriculture produced/crop were produced. Only on account of not furnishing the sale bill the rejection of agriculture income is illegal. The assessing officer should have accepted the explanation which was based on evidence submitted by him including the copies of balance sheet of the previous years that is for assessment 2011-12 and assessment year 2012-13 etc. I perus ..... X X X X Extracts X X X X X X X X Extracts X X X X
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