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TMI Blog2022 (11) TMI 730X X X X Extracts X X X X X X X X Extracts X X X X ..... ct are not fulfilled. That being the position, he should have deleted the addition. Instead of doing so, he has confirmed the addition under section 69A of the Act without providing an opportunity to the assessee to explain whether the conditions of section 69A are attracted or not. As per the decision of Aar Pee Apartments (P.) Ltd. [ 2009 (8) TMI 256 - DELHI HIGH COURT] when the scope and ambit of the two separate provisions are altogether different, the addition cannot be changed to another provision. Following the aforesaid decision of the Hon ble Jurisdictional High Court, the coordinate bench in the case of Toffee Agricultural farms Pvt. Ltd. [ 2022 (4) TMI 869 - ITAT DELHI] had expressed the view that the first appellate authori ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e made any response. Therefore, Assessing Officer proceeded to complete the assessment to the best of his judgment by invoking the provision of section 144 of the Act. While doing so, he treated the cash deposits of Rs. 9,00,000/- in the bank account as unexplained cash credit under section 68 of the Act and added back to the income of the assessee. Further, by invoking the provisions of section 115BBE, he taxed the income @30%, Though, the assessee challenged the assessment order by filing an appeal before learned Commissioner (Appeals), however, the appeal was dismissed. 4. Before me, learned Counsel appearing for the assessee, on instruction, submitted that he does not want to press the legal issues concerning the validity of reopenin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing Officer has treated it as unexplained cash credit under section 68 of the Act. Whereas, while deciding assessee s appeal learned Commissioner (Appeals), though, has accepted assessee s contention that the addition can not be made under section 68 of the Act, however, he made the addition under section 69A of the Act. On a reading of section 68 as well as 69A of the Act, it becomes very much clear, while section 68 speaks of any sum found credited in the books of assessee in a particular year the source of which cannot be explained can be treated as unexplained cash credit, section 69A speaks of a situation where the assessee is found to be the owner of any money, bullion, jewellery or other valuable article which is not recorded in the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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