9911796707
TMI Blog2025 (4) TMI 350X X X X Extracts X X X X X X X X Extracts X X X X ..... 11.12.2019. 1.1. The Registry has informed that the appeal filed by the assessee is barred by limitation by 10 days. An application seeking condonation of delay has been filed by the assessee stating as follows: "1. That the above appeal against the order passed u/s 250 on 21/03/2024 is being filed today. 2. That there is a small delay of 6 days in filing the appeal on account of non-availability of the appellant at Sitamarhi due to a family function. 3. That the appellant humbly prays that the delay may kindly be condoned and the appeal may kindly be admitted for hearing on merits." 1.2. Considering the condonation application and the reasons stated therein, we are satisfied that the assessee had a reasonable and sufficient cause a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the cash book. Thus, the findings of learned A.O. is itself contradictory. 8. For that considering the turnover the contract business as more than Rs. 3.5 crores and mere deposit of the Rs. 5,97,500/- out of unutilised cash from the withdrawals made few days back should have been accepted and the addition of Rs. 2,00,000/- on flimsy grounds is unwarranted and liable to be deleted. 9. For that, the appellant, therefore, humbly prays for setting aside the addition of Rs. 2,00,000/- u/s 69A of the I.T. Act. 10. For that, other grounds, if any will be urged at the time of hearing." 3. Brief facts of the case are that the assessee is an individual and engaged in civil contract business of Rural Work Division and is also one of the dire ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re the Ld. CIT(A) who dismissed the appeal of the assessee after observing as follows: "The appellant was given fresh opportunity of being heard vide letters dated 13.10.23 and 12.03.24. The submission of the appellant has been considered and the appeal is decided below. Ground No. 1 to 6: All grounds pertain to single addition of Rs 2,00,000/- u/s 69 A of the IT act and therefore all are adjudicated together. On going through the grounds of appeal and the observations made by the Assessing Officer it is held that the Ld. AO has rightly made an addition of Rs 2,00,000/- Under Section 69Aof the Income Tax Act, 1961. The AO had asked the appellant to submit supporting documentary evidences to prove the source of cash deposits as it was th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d. AO the assessee had argued that the bank statement and cash book was supported by the cash withdrawal made on various dates. Merely on the basis of absence of the cash book of the whole financial year, the Ld. AO did not accept the argument that the Specified Bank Notes belonged to the bank withdrawals made in the past and a sum of Rs. 2 Lakh shown as withdrawn on 24.10.2016 was held to be unverified and added to the income of the assessee. While totalsum of Rs. 5,97,500/- was deposited in the bank account on 12.11.2016, the Ld. AO has treated only the withdrawal of Rs. 2 Lakh made on 24.10.2016 as unverifiable. However, the fact remains that the assessee had made withdrawals of Rs. 4 Lakh on 01.11.2016 Rs. 1 Lakh on 03.11.2016 Rs. 50,00 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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