9911796707
TMI Blog2024 (9) TMI 1184X X X X Extracts X X X X X X X X Extracts X X X X ..... ance of the assessee, which is totally missing in the in the order passed by the learned CIT(A). Simply allowing the claims of the assessee without giving any cogent reason is not enough to pass a speaking order. Considering this aspect that the learned CIT(A) has not passed speaking or reasoned order and seen the order from any angle, the impugned order cannot legally be sustained. Accordingly, we reverse the impugned order passed by the learned CIT(A) by allowing the grounds of appeal raised by the Revenue. - Shri V. Durga Rao, Judicial Member And Shri K.M. Roy, Accountant, Member For the Assessee : None For the Revenue : Shri Abhay Y. Marathe ORDER PER V. DURGA RAO, J.M. The present appeals have been filed by the Revenue challenging th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed expenditure u/s 69C of I.T. Act and addition of Rs. 18,58,555/- on account of undisclosed income u/s 69A of I.T. Act, which were added by the AO based on the impounded documents, considering importance and value of noting made in the documents. 2. On the fact and in the circumstances of the case, Ld. CIT(A) has erred in deleting the addition of Rs. 51,70,000/- on account of unexplained expenditure u/s 69C of I.T. Act and addition of Rs. 18,58,555/- on account of undisclosed income ignoring the fact that the assessee was failed to explain the transaction recorded in the impounded documents, as such the order was completed u/s 144 of the I.T. Act. 3. On the fact and in the circumstances of the case, Ld. CIT(A) failed to appreciate the fact ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... made assessment under section 147 r/w section 144 of the Act on 24/03/2022, determining total assessed income at ₹ 73,47,535, after making addition of ₹ 51,70,000, as unexplained expenditure under section 69C and ₹ 18,58,555, as undisclosed income under section 69A of the Act. 5. When the matter was carried before the first appellate authority, the learned CIT(A) deleted the addition of ₹ 51,70,000, on account of unexplained expenditure under section 69C of the Act as well the addition of ₹ 18,58,555, on account of undisclosed income under section 69A of the Act. The observations of the learned CIT(A) are as follows: The grounds no. 3 4 are regarding addition of Rs. 51,70,000/- on account of unexplained expend ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... any third person may right the name of any person at his sweet will then an assessee cannot be burdened with liability on the basis of such writing. Further the appellant has made various judicial references in his submission regarding addition made u/s 69C. In view of the above facts and circumstances and the judicial references quoted by the appellant I am of the opinion that the addition made by the AO of Rs. 51,70,000/- on account of unexplained expenditure u/s 69C of the Act is unjustified and deserves to be deleted. Hence ground no.3 is allowed. Further the AO has made the addition of Rs. 18,58,555/ on account of undisclosed income u/s 69A of the Act, on the basis of the documents impounded during the survey proceedings. The document ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... son is not enough to pass a speaking order. Considering this aspect that the learned CIT(A) has not passed speaking or reasoned order and seen the order from any angle, the impugned order cannot legally be sustained. Accordingly, we reverse the impugned order passed by the learned CIT(A) by allowing the grounds of appeal raised by the Revenue. 9. In the result, appeal filed by the Revenue for the assessment year 2018 19 is allowed. ITA no.163/Nag./2023 Revenue s Appeal A.Y. 2019 20 10. In its appeal, the Revenue has raised following grounds: 1. On the fact and in the circumstances of the case, Ld. CIT(A) has erred in deleting the addition of Rs. 81,31,000/- on account of unexplained expenditure u/s 69C of I.T. Act and addition of Rs. 30,82, ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
