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2022 (10) TMI 625

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..... account. Hence, we are inclined to uphold the findings of the Ld.CIT(A) and dismiss the appeal filed by the assessee. - ITA No. 2616/Chny/2019 - - - Dated:- 21-9-2022 - SHRI G. MANJUNATHA , HON BLE ACCOUNTANT MEMBER Appellant by : Mr. G. Aniesh , Adv Respondent by : Mr. N. Sanjay Gandhi , Addl. CIT ORDER PER G. MANJUNATHA , ACCOUNTANT MEMBER : This appeal filed by the assessee is directed against the order of the Commissioner of Income Tax (Appeals), Puducherry, dated 28.06.2019 and pertains to assessment year 2011 - 12. 2. We find that appeal filed by assessee is barred by limitation, for which, necessary petition for condonation of delay explaining the reasons for the delay, has been filed. The learned co .....

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..... reciate that the rental income from property returned for other years had been accepted and hence rejection of the same in this year is unsustainable on facts of the case. 6. The CIT(A), in any event, ought to have considered the explanations of assessee in the proper perspective and deleted the addition. 4. The brief facts of the case are that during the financial year relevant to the assessment year 2011-12, a sum of Rs.12,73,500/- was deposited in cash to savings bank account No.462013297 maintained with Indian Bank, Puducherry Branch. The assessee has not filed return of income for the AY 2011-12. Therefore, the assessment has been re-opened u/s.147 of the Act, and notice u/s.148 of the Act, was issued. The assessee neither r .....

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..... casion to the extent of Rs.6.5 lakhs and balance amount of Rs.6,23,500/- has been treated as unexplained money u/s.69A of the Act. The assessee carried the matter in appeal before the First Appellate Authority, but could not succeeded. The Ld.CIT(A) sustained the additions made by the AO towards unexplained cash deposits into bank account. 5. I have heard both the parties, perused the materials available on record and gone through orders of the authorities below. Although, the assessee claims to have made each deposit out of rental income from property, but could not file any evidence from which property so called rent is derived, from whom said rental income is received. Therefore, in absence of details regarding rental receipt from pro .....

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