9911796707
TMI Blog2019 (10) TMI 1468X X X X Extracts X X X X X X X X Extracts X X X X ..... If the unexplained credits in bank accounts, which are not utilized towards house-hold expenditure and used somewhere else, then a separate addition was required for those unexplained credits. The facts and circumstances are identical in other two assessment years. CIT(A) has not appreciated all the evidences furnished by the assessee and therefore, we feel it appropriate to set aside the order of the CIT(A) and restore the issue in dispute involved in all the three assessment years to the file of the AO with the direction to the assessee to file necessary evidence in support of source of household expenditure declared in the books of accounts including household withdrawals declared in the capital account of the family members, who cont ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ity of being heard to the Appellant and drawing adverse inference without appreciating the submissions and documents place on record. 1.2 That the CIT(Appeals) erred on facts and in law in confirming the above addition merely on the basis of the remand report of the Assessing Officer without appreciating that the Tribunal had earlier set aside the matter to CIT(A) for fresh adjudication. 3. In ITA No. 7120/Del/2017 for assessment year 2008-09 addition of ₹ 2,63,202/- and in ITA No.7121/Del/2017 for assessment year 2010-11 addition of ₹ 3,37,313/- have been disputed. 4. The briefly stated facts of the case are that in the case of the assessee a search operation under section 132 of the Income-tax Act, 1961 (in short the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ,202/- for assessment year 2008-09 and ₹ 3,37,313/- for assessment year 2010-11. Aggrieved with the additions made, the assessee filed appeal before the Ld. CIT(A), however, due to non-prosecution by the assessee, the Ld. CIT(A) dismissed the appeals against the additions made. On further appeal by the assessee before the Tribunal, the matter was set aside to the Ld. CIT(A) with observations as under: 4. In view of the above, we set aside the matter to the file of the first appellate authority for fresh adjudication in accordance with the law, after giving adequate opportunity of being heard to the assessee. The assessee shall present himself before the learned CIT(A) on 30th December, 2015 and take service of the notice and, ther ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 05-06 is reproduced as under: 2.6.3 On perusal of the capital account of the assessee it is seen that it has shown total drawings of ₹ 1,02,932/- during the F.Y. 2004-05. But on the other hand the details of household expenses/drawings of the assessee as per the seized page number 11-12 of Annexure A-l, party H-9 are as under: S. No. Month Amount (in Rs.) 1. April 2004 43,231 2. May 2004 27,04-1 3. June 2004 66,000 4. July 2004 91,261 5. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mount of unexplained credits in the various bank accounts of the assessee. 2.9 Subject to discussion above, as the amount of unexplained household expenses is more than the amount of unexplained credits in the various bank accounts of the assessee, the amount of unexplained household expenses of ₹ 3,91,090/-, the source of which has not been explained by the assessee, is treated as undisclosed income of the assessee. (Addition of ₹ 3,91,090/-) 8. In second round of proceedings before the Ld. CIT(A), in assessment year 2005-06 the assessee filed copy of bank statements explaining the credit entries and other documents, the Ld. CIT(A) adjudicated the issue as under: .. On a comparative c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... years to the file of the Assessing Officer with the direction to the assessee to file necessary evidence in support of source of household expenditure declared in the books of accounts including household withdrawals declared in the capital account of the family members, who contributed household expenditure of the assessee. The Ld. Assessing Officer is directed to adjudicate the issue in dispute in accordance with law after allowing adequate opportunity of being heard to the assessee. Accordingly, the grounds raised in all the three appeals are allowed for statistical purposes. 10. In the result, all the appeals are allowed for statistical purposes. Order is pronounced in the open court on 14th October, 2019. - - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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