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TMI Blog2025 (1) TMI 1334X X X X Extracts X X X X X X X X Extracts X X X X ..... rities but considering the smallness of the issue and the facts duly established on record, we set aside the finding of the Ld. CIT(A) and delete the impugned addition.
Levy of penalty u/s. 271AAC(1) also be deleted as it is consequential to the addition for the unexplained deposit in the bank account and since the addition has itself been deleted the impugned penalty has no legs to stand.
Appeal Decided in favour of assessee. X X X X Extracts X X X X X X X X Extracts X X X X ..... able in the present case. 4. The appellant craves for leave to amend, add to or omit any ground up to the time of hearing of the appeal." 3. Grounds of appeal raised by the assessee in respect of ITA No. 47/GTY/2024 read as under: "1. The learned Commissioner of Income tax (Appeal) of NFAC New Delhi was not justified in confirming the additions made by the AO without considering the detailed statements of facts which is filed along with the appeal and without following the spirits of faceless appeals scheme. 2. The learned Commissioner of Income tax (Appeal) of NFAC New Delhi was not justified in confirming the additions made by the AD without appreciating that a detailed reply and documents filed by the appellant during the cours ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... penalty is dependent upon the addition, we first take up ITA No. 47/GTY/2024. 5. At the outset, Ld. Counsel for the assessee submitted that the assessee is a Catholic Religious priest and a senior citizen and is the Bishop for the Catholic Diocese of Aizawl, Mizoram. The bank account referred by the AO in the assessment order is in the name of Seva Kendra, Silchar and the assessee being the chairperson of the organisation has submitted his PAN for the KYC procedure. The alleged cash deposits are the voluntary contribution received by Seva Kendra, Silchar for which complete details are available with the Seva Kendra. However, the alleged cash deposits do not relate/belong to the assessee and, therefore, the impugned addition is uncalled for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a Kendra and as part of the banking formalities gave his PAN no. for the KYC procedure. We thus find that based on the information of PAN in the data base of the income tax, attached to the bank account in the name of Seva Kendra, Ld. AO was provided with the information of the alleged cash deposit. We are thus, satisfied that the alleged cash deposit transactions are not at all related/pertain to the assessee but are of another assessee M/s. Seva Kendra which is duly assessed to tax. We are aware of the fact that assessee did not appear before the lower authorities but considering the smallness of the issue and the facts duly established on record, we set aside the finding of the Ld. CIT(A) and delete the impugned addition of Rs. 8,27, 933 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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