9911796707
TMI Blog2023 (8) TMI 919X X X X Extracts X X X X X X X X Extracts X X X X ..... nfronted with the assessee. The assessee once again filed letter claimed to have been issued by M/s Agra Alu Trading Company that these transactions are genuine. The A.O. again verified the genuineness of two confirmations, but from the enquiry report of ITO, Nasik it was gathered again through an independent confirmation from the party that the bills produced by the assessee was bifurcated by misusing the letter head of M/s Agra Alu Trading Company. Thus, the A.O. treated the cash deposits in the bank account as unexplained correctly. As per Section 156(1) of UP Zameendari Abolition Reforms Act, no Bhoomadar' or Asami shall let for any period whatsoever any land comprising in his holding. When there is specific bar that no land c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... /-) and accordingly denies its liability to pay Tax and Interest charged upon such addition vide Notice of demand. 2. BECAUSE, the authorities below were not justified in making and sustaining addition of Rs. 65,21,000/- which represents sale proceeds of trading receipts undertaken by the appellant. 3. BECAUSE, the learned Assessing Officer has erred in law and on facts in placing reliance upon the so called statement of Gitaram Tyagi without examining said Gitaram Tyagi and without examining his books of accounts and without allowing copies of the alleged statements and also without allowing cross-examination of the party on whose testimony addition has been made. 4. BECAUSE, in any case and in any view of the matter impugne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... so far as addition of Rs. 75,81,000/- on account of bank credit entries u/s 69A of the Act, the assessee preferred an appeal before the CIT(A). The Ld. CIT(A) vide order dated 20/10/2015, dismissed the Appeal filed by the assessee. As against the order of the CIT(A) dated 20/10/2015 the assessee preferred the present appeal on the grounds mentioned above. 4. The grounds of Appeal of the Assessee are regarding sustaining the addition of Rs. 65,21,000/- which claim to be sale proceeds of trading receipts undertaken by the Assessee and sustaining addition of Rs. 10,60,000/- claim to be agriculture receipt. The Ld. Counsel for the assessee addressing on the Grounds of Appeal submitted that the assessee is a dalali / agent . The deposits in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... duce. The assessee has also produced confirmation certificate for getting commission in cash from property deals. When the bills produced by the assessee were verified from Agra Alu Trading Company qua there was specific denial of making any payments to the Assessee. The Ld. A.O. made independent enquiry and found that the bill produced by the assessee were fabricated by misusing the letter of M/s Agra Alu Trading Company. The assessee has also not able to file any evidence of carrying out any basic agricultural activities and sale of agriculture produce. Therefore, the claim of treating the income as agriculture by the assessee was not supported by any documentary evidence. Therefore, cash deposits have been rightly treated as unexplained. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng. When there is specific bar that no land can be given on rent the assessee cannot have agriculture receipt of Rs. 10,60,000/-. Thus, in our opinion, the order of the assessment in making the addition of Rs. 10,60,000/- as unexplained by the A.O. which was confirmed by the CIT(A) is in order which requires no interference. Apart from the same, it is the specific ground of the assessee that no opportunity of cross-examination was given to the assessee on whose testimony the addition has been made. It is found from the record that at no point of time, the assessee sought for permission for cross- examination and on the other hand, the statement made by the parties have been confronted with the assessee and found that the assessee has fabric ..... X X X X Extracts X X X X X X X X Extracts X X X X
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