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        Case ID :

        2022 (7) TMI 428 - AT - Income Tax

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        Revenue's Appeal Dismissed in AY 2017-18 Assessment The Revenue's appeal against the Ld. CIT(A)'s decision favoring the assessee in an assessment for AY 2017-18 was dismissed by the Appellate Tribunal ITAT ...
                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.

                              Revenue's Appeal Dismissed in AY 2017-18 Assessment

                              The Revenue's appeal against the Ld. CIT(A)'s decision favoring the assessee in an assessment for AY 2017-18 was dismissed by the Appellate Tribunal ITAT Visakhapatnam. The Ld. CIT(A) deleted the additions made by the Ld. AO, finding that the cash deposits were from sales and reimbursements, with no misrepresentation in income. The typographical error in the bank account number did not impact the disclosure of bank details, and income from other sources was correctly reported. The Cross Objection raised by the assessee was supportive and required no adjudication.




                              Issues:
                              Appeal against order of Ld. CIT(A)-1, Guntur regarding cash deposits during demonetization period, multiple PANs, unexplained cash deposits, and undisclosed bank account.

                              Analysis:
                              1. The appeal pertains to the Revenue challenging the Ld. CIT(A)'s decision favoring the assessee in an assessment for AY 2017-18. The Revenue raised several grounds, including failure to produce certain submissions before the Ld. AO, acceptance of additional evidence by Ld. CIT(A) without allowing AO to examine under Rule 46A, and lack of substantiation regarding cash deposits and income from other sources.

                              2. The Ld. CIT(A) deleted the additions made by the Ld. AO, prompting the Revenue's appeal. The Revenue contended that the assessee did not cooperate during assessment, produced additional evidence before Ld. CIT(A) without AO's examination, and held two PANs, violating tax laws. The Ld. DR supported the Ld. AO's order.

                              3. The assessee, through the Ld. AR, argued that the bank account number discrepancy was a typographical error, with the correct account duly disclosed. The cash deposits were from sales and accounted for in the books, with a portion being reimbursements. The income from other sources was properly disclosed. The Ld. AR emphasized no misrepresentation in income.

                              4. Upon review, it was found that the assessee had responded to the show cause notice, with cash deposits reflecting sales and reimbursements. The typographical error in the account number did not affect the disclosure of bank details. The income from other sources was correctly reported. Consequently, the Ld. CIT(A)'s decision was upheld, finding no flaws.

                              5. The Cross Objection raised by the assessee was supportive and required no adjudication. The appeal of the Revenue was dismissed, and the assessee's Cross Objection was disposed of in the judgment delivered on June 28, 2022, by the Appellate Tribunal ITAT Visakhapatnam.
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                              ActsIncome Tax
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