9911796707
TMI Blog2023 (10) TMI 267X X X X Extracts X X X X X X X X Extracts X X X X ..... as in individual capacity but he treated it to be of the assessee company. It is stated by the learned CIT(A) that before him the assessee had submitted the bank statement from 15.4.2013 to 28.4.2013. One of the objection of CIT(A) was that the assessee failed to submit complete bank statement for the entire period i.e. 1.1.2013 to 31.3.2014 so as to verify and reconcile any further transaction of cash deposit to the assessee company. Before Tribunal the assessee has filed a bank statement that covers the period starting from 1.4.2013 to 31.3.2014 for the relevant financial year. I have perused the bank statement as filed by the assessee. V Vide entry dated 29.4.2013 there is a transfer through RTGS. Undisputedly, the basis for making ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ced on the record vide letter dated 09/01/2023. 4. Late the learned CIT(Appeal) has not provided an appropriate opportunity to comply with the sought information and dismissed an appeal in haste. (i) The First Appellate Notice dated 15/02/2023 where the date of its compliance was given 20/02/2023. (ii) The appellant filed an application dated 18/02/2023 giving the contention that the banker s will take some time to comply with the sought information and thus an adjournment was sought for 15 days. (iii) The appellate order has been passed on 24/02/2023. 6. That the appellant craves their right to amend, delete or add any grounds of appeal at or before the time of hearing. 2. Briefly stated facts are that assesse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ned CIT(A) failed to appreciate the fact that the A/c no. 67170726788 does not belong to the assessee as admittedly learned CIT(A) had in earlier round of litigation stated in para 7.2 of the impugned order that the assessee further cash deposits in another bank account no. 67170726788 held by the appellant in the State Bank of Travancore. In this regard learned counsel for the assessee drew my attention to the bank statement filed in the paper book at page 23 to demonstrate that the account in question was held by Mr. Surjit Singh in his individual capacity and the authorities below have wrongly taxed the deposits in assessee s hand, which is independent juristic person. 4. On the other hand, learned DR supported the orders of the autho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ngh is submitted by Shri Surjit Singh before A.O, for appellant s company scrutiny proceedings. Hence in view of these discrepancies, appellant s claims are neither reasonable nor acceptable, without having supporting proofs of such Bank account opening forms and ledger account statement of Shri Surjit Singh/this bank account etc., as appearing in the appellant s books so as to arrive at its true facts and correct accounting as per the ownership of this cash deposits indeed. Hence, in the absence of the same, appellant s contentions that the cash deposit as emanating from other than appellant's bank account is neither conclusively established nor proven satisfactorily. Apparently, Bank account statement as provided by the appellant is o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at before him the assessee had submitted the bank statement from 15.4.2013 to 28.4.2013. One of the objection of learned CIT(A) was that the assessee failed to submit complete bank statement for the entire period i.e. 1.1.2013 to 31.3.2014 so as to verify and reconcile any further transaction of cash deposit to the assessee company. Before Tribunal the assessee has filed a bank statement running from pages 22 to 25 of the paper book. That covers the period starting from 1.4.2013 to 31.3.2014 for the relevant financial year. I have perused the bank statement as filed by the assessee. Vide entry dated 29.4.2013 there is a transfer through RTGS. Undisputedly, the basis for making addition was that certain cash deposit was made in the bank acco ..... X X X X Extracts X X X X X X X X Extracts X X X X
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