9911796707
TMI Blog2013 (5) TMI 1044X X X X Extracts X X X X X X X X Extracts X X X X ..... CIT(A) erred in accepting self serving documents not corroborated or examined during assessment proceedings. 3. On the facts and circumstances of the case, the CIT(A) erred in not allowing the Assessing Officer to examine the additional evidence viz details of withdrawals from the bank account admitted by him as per provisions u/s 46A(3) of IT Rules nor asking for any cash flow statement and comments on the same by the Assessing Officer. 4. Set aside the order of the CIT(A) and restore the matter back to the Assessing Officer to re-examine fresh evidences in a holistic manner. The appellant craves the right to add any other ground of appeal. 2. The brief facts of the case are that assessee is proprietor of M/s Padma Traders eng ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e. In response, the Ld AR, in his submission dated 29.10.2009 enclosed bank accounts both Savings Bank A/c Current Account with IDBI Bank as per books of the assessee and also enclosed list of debtors. The Assessing Officer was not satisfied and again asked the assessee vide order sheet entry dated 29.10.2009 to explain the source of deposit. In view of the above, the Assessing Officer asked the assessee to prepare the cash flow statement and was also again asked as to the difference between gross sales of ₹ .12.04 lakhs which included payments received through cheques whereas the cash deposit in bank was ₹ .12.05 lakhs. In view of this, the assessee submitted as under:- In response the AR in his submissio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ive any credit to this effect that return was filed under the provisions of section 44AF of the Act and Assessing Officer also did not consider availability of cash from sales + opening balance + amount received from sundry debtors. The Ld CIT(A) after going through the submissions deleted the addition made by the Assessing Officer by holding as under:- I have carefully considered the reasoning given by the Assessing Officer in the assessment order. I have also perused carefully the cash flow and the cash summary submitted by the appellant and arguments given by him in his favour. I fully agree with the appellant regarding availability of cash which was deposited by him in his bank account with IDBI Bank. The crucial mistake made by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ad deposited cash in his bank account from cash withdrawals from his another bank account and also from receipts from debtors which the Assessing Officer has totally ignored. 10. We have heard the rival submissions of both the parties and have gone through the material available on record. We find that assessee is a petty businessman and has created a cash book to substantiate that cash deposits in his Savings Bank Account was withdrawal from another bank account and also from receipts from debtors and opening cash in hand. We find that Ld CIT(A) has made a very reasoned findings of fact and we do not see any infirmity in the order of Ld CIT(A). As regards violation of provisions of Rule 46A(3), we find that evidence submitted before Ld ..... X X X X Extracts X X X X X X X X Extracts X X X X
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