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TMI Blog2022 (2) TMI 391X X X X Extracts X X X X X X X X Extracts X X X X ..... tain entries recorded in the cash books are having direct bearing on the issue under consideration - considering the relevancy of documents, we admit the additional evidence and restore the matter back to the file of Assessing Officer who examine both the issue/ disallowances afresh and pass the order in accordance with law. The assessee is also directed to provide all necessary evidence, documents and information to the Assessing Officer and not to cause for further delay before the Assessing Officer. Hence, the grounds of appeal raised by the assessee are allowed for statistical purpose. - ITA No. 1039/AHD/2015 - - - Dated:- 7-2-2022 - Shri Pawan Singh, Judicial Member And Dr. Arjun Lal Saini, Accountant Member For the Assessee : ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2010-11 on 30.09.2010 declaring income at ₹ 1,44,800/-. The case of assessee was selected for scrutiny. During assessment, the Assessing Officer on perusal of balance-sheet noted that assessee received cash from M/s Mehulkumar Bros. and Suryakant Co. of ₹ 75,00,000/- each, thereby total of ₹ 1,50,00,000/-. The assessee was asked to produce cash book and supporting evidence thereof. The Assessing Officer in absence of sufficient documents rejected the books of account u/s 145(3) and made addition of ₹ 1.50 crores on account of unexplained cash received. The Assessing Officer further noted that assessee has shown an amount of ₹ 50 lakh as sundry debtors of Suryakant Co. and ₹ 40 lakh against M/s Mehul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7; 90 lakhs, the assessee submitted that in the balance-sheet as on 31.03.2009 there are receivable of ₹ 50 lakh from M/s Suryakant Co. and ₹ 40 lakh from M/s Mehulkumar Bros. Smt. Rashilaben Suryakant Doshi collected from various customers to whom the sales were made by firm. The amount collected from the debtors were noted by them subsequently remitted to the firm. Since the sales were already recorded in the books of the firm, therefore which is nothing but the debt receivable from the sales. For remaining ₹ 40 lakh, the assessee stated that the said mount is even standing in the name of M/s Mehulkumar Bros. These amountwere double addition because the Assessing Officer had already made addition of ₹ 75 lakh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ns as to why after collecting the cash from parties, the amount was not deposited with assessee-firm. The assessee failed to furnish any evidence and to support its claim. Thus, the explanation of assessee was not accepted and accordingly upheld the addition. On the addition of ₹ 90 lakh, Ld. CIT(A) again asked to furnish the evidence in support of assessee s claim, the Ld. CIT(A) recorded that the submission of collection of sales receipt by two persons and keeping the amount is unbelievable that they have failed to file return of income. In absence of evidence, the addition made by Assessing Officer was upheld. Further, aggrieved assessee has filed present appeal before this Tribunal. 4. We have heard the submission of Ld. Author ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nue contested the application for admission of additional evidence by filing reply dated 29.07.2021. In reply, the AO / Revenue submits that the additional evidence filed by the assessee consist of almost 2400 entries which is required to be verified. The assessee neither submitted these details during the assessment nor before the First Appellate stage. The submission of assessee during the course of assessment was incorrect and misleading that assessee received huge amount of ₹ 1.50 crores in cash. The Assessing Officer rightly concluded that the assessee has not discharged his onus by not furnishing source of thereof to prove the genuineness of said transactions. Further the additional evidence filed before Tribunal is printout/cop ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on the issue under consideration. Therefore, considering the relevancy of documents, we admit the additional evidence and restore the matter back to the file of Assessing Officer who examine both the issue/ disallowances afresh and pass the order in accordance with law. The assessee is also directed to provide all necessary evidence, documents and information to the Assessing Officer and not to cause for further delay before the Assessing Officer. Hence, the grounds of appeal raised by the assessee are allowed for statistical purpose. 9. In the result, the appeal of the assessee is allowed for statistical purposes in above terms. Order pronounced in the open court on 07/02/2022 and placed result on the Notice Board. - - TaxTMI - T ..... X X X X Extracts X X X X X X X X Extracts X X X X
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