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TMI Blog2023 (11) TMI 1183X X X X Extracts X X X X X X X X Extracts X X X X ..... account statement of the assessee having both entries of deposit as well as the payments through bank drafts. Therefore, the addition made by the AO ignoring the relevant facts available on record is not justified when the assessee have already explained the source of deposit as sale proceeds and corresponding withdrawals represent the payments made for the purchases through bank drafts corroborating explanation of the assessee. Accordingly having considered the undisputed facts as reflected from the bank account statement of the assessee the addition made by the AO of the entire deposit made in the bank account is not justified and the same is deleted. Decided in favour of assessee. - SHRI VIJAY PAL RAO, JUDICIAL MEMBER For the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... present appeal be condoned and appeal of the assessee be decided on merits. 4. On the other hand, Ld. DR has submitted that the order of the Ld. CIT(A) was duly sent to the e-mail-ID given by the assessee and therefore, the assessee cannot take a plea of none-service of the impugned order. He has objected to the condonation of delay. 5. I have considered the rival submissions and perused the contents of the affidavit filed by the assessee to explain the cause of delay in para no.2 to 4 of the affidavit as under: 2. I am the appellant in my own case; against the order of ld. CIT(A) for AY 2009-10. I am from rural area. Due to my own ill health, I had closed business after this year and joined as school teacher in rural area. Since ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1,00,650/-. 8. The assessee did not filed any return of income for the year under consideration and thereafter the AO issued notice u/s 148 of the Act on 23.03.3016 to assess the income of the assessee on account of deposit of Rs. 11,00,650/- in the Saving Bank Account of the assessee. In response to the notice the assessee filed return of income declaring total income of Rs. 1,27,370/- and also explained that the said deposit in bank account represents the sale proceeds of the business of trading in Cattle Feed (Cotten Seed Cake). The assessee has also explained that the entire purchase and sale has been done through the said bank account and pointed out that all the payment for purchase of goods were made through demand drafts as re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r section 263 order passed by the Pr. CIT. He has further submitted that the assessee did not challenge the order of the Pr. CIT passed u/s 263 of the Act and therefore, the AO as well as the Ld. CIT(A) is justified in assessing income of the assessee on account of deposit made in the bank account. 10. I have considered the rival submissions as well as relevant material on record. The assessment was reopened by the AO for assessing the income on account of deposit made in the bank account of Rs. 11,00,650/-. In response to notice u/s 148 the assessee filed the return of income declaring total income of Rs. 11,27,370/- from the business of trading in Cattle Feed (Cotten Seed Cake). The assessee also explained that during the year under co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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