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TMI Blog2023 (8) TMI 220X X X X Extracts X X X X X X X X Extracts X X X X ..... ls made by the assessee on earlier occasions. Hence, it would be fair and reasonable to restrict the addition made by the authorities below to the extent of 20%. Decided partly in favour of assessee. - ITA No. 433/DEL/2023 - - - Dated:- 31-7-2023 - Shri Kul Bharat, Judicial Member For the Assessee : None For the Department : Sh. Om Parkash, Sr. DR ORDER PER KUL BHARAT, JM: This appeal, by the assessee, is directed against the order of the learned Commissioner of Income-tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi dated 08.07.2022 pertaining to the assessment year 2012-13. The assessee has raised following grounds of appeal: 1. Appeal is filed against the order u/s 250 of the Learned CIT(A), ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed the proceedings, therefore the assessing authority made addition of the entire cash deposits. Aggrieved against this the assessee preferred appeal before the learned CIT(Appeals) who sustained the addition, inter alia, by observing as under: 4.3 During the appellate proceedings, the appellant ahs filed written submission wherein it is submitted that she is running boutique and also stitching dresses on freelancing basis. The sale proceeds and payment against stitching was mostly made by the customers in cash which was immediately deposited in her aforesaid SB account. Further, the appellant ahs submitted that she is submitting the copies of her Axis bank account for the F.Y. 2011-12 as evidence in support of her contention but no ev ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tantial withdrawals and deposits, the lower authorities have not given set off of the cash withdrawals made by the assessee at different intervals, I find that there were cash withdrawals as well before making deposits. Therefore, it can be assumed that the deposits were also from the withdrawals made by the assessee on earlier occasions. Hence, considering the totality of the facts and to subserve the substantial interest of justice in my considered view it would be fair and reasonable to restrict the addition made by the authorities below to the extent of 20%. The assessee shall get part relief accordingly. Grounds of appeal are partly allowed. 7. In the result, appeal of the assessee is partly allowed. Order pronounced in open cour ..... X X X X Extracts X X X X X X X X Extracts X X X X
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