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TMI Blog2023 (3) TMI 971X X X X Extracts X X X X X X X X Extracts X X X X ..... Marketing Company. There is no illegality or the cash received is not unexplained because this is received on the basis of sale of petrol exempted vide the above notification which was further extended vide notification dated 24.11.2016. Hence delete the addition and allow the appeal of assessee. - ITA No. 1016/CHNY/2022 - - - Dated:- 7-3-2023 - SHRI MAHAVIR SINGH , VICE PRESIDENT For the Appellant : Shri S. Sridhar , Advocate For the Respondent : Shri S. Chandrasekaran , JCIT ORDER This appeal by the assessee is arising out of the order of the Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi in Appeal No.CIT(A), Salem/11013/2019-20 dated 28.06.2022. The assessment was framed by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he opposed condonation of delay because there is no evidence of any strained relationship between husband and wife. Except this, he could not controvert the above oath taken by assessee on affidavit. After hearing both the sides, I m of the view that the delay being of 95 days which is a small delay and the fact mentioned by assessee seems reasonable, hence I condone the delay and admit the appeal. 3. The only issue in this appeal of assessee is as regards to the order of CIT(A) confirming the assessment order framed by the AO in sustaining the addition of cash deposit made in the bank account during demonetization period of Specified Bank Notes (SBNs). Another aspect argued by assessee is also that the CIT(A) and AO erred in not conside ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... payment could be received old notes of both Rs.1000/- Rs.500/- for the period from 9.11.2016 to 24.11.2016. The AO noted that apart from this assessee has received SBNs from 25.11.2016 to 22.12.2016 amounting to Rs.4,95,000/- which is not covered by the Gazette Notification and hence, he added this cash receipt in SBNs amounting to Rs.4.95 lakhs as unexplained cash deposit u/s.69A r.w.s. 115BBE of the Act. Aggrieved, assessee preferred appeal before CIT(A). The CIT(A) also confirmed action of the AO. Aggrieved, now assessee is in appeal before the Tribunal. 5. Now before me, the ld.counsel for the assessee filed copy of Gazette Notification No.2654 S.O. 3409(E) 2654-S.O. 3407(E) 2653 S.O. 3408(E) dated 8.11.2016 issued by Governm ..... X X X X Extracts X X X X X X X X Extracts X X X X
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