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    <title>2025 (12) TMI 535 - ITAT BANGALORE</title>
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    <description>ITAT Bangalore allowed the assessee&#039;s appeal and deleted the addition made u/s 69A and the consequential application of s.115BBE. It held that the cash deposits were duly explained as business receipts and utilisation of accumulated cash balances from earlier years, supported by balance sheets and a consistent financial pattern accepted in prior assessments. Since the assessee was engaged in regular business and income had already been declared on a presumptive basis u/s 44AD, only profit, not gross deposits, could be taxed. The ex parte order of CIT(A), passed without adequate opportunity of hearing, was also found unsustainable.</description>
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      <link>https://www.taxtmi.com/caselaws?id=782995</link>
      <description>ITAT Bangalore allowed the assessee&#039;s appeal and deleted the addition made u/s 69A and the consequential application of s.115BBE. It held that the cash deposits were duly explained as business receipts and utilisation of accumulated cash balances from earlier years, supported by balance sheets and a consistent financial pattern accepted in prior assessments. Since the assessee was engaged in regular business and income had already been declared on a presumptive basis u/s 44AD, only profit, not gross deposits, could be taxed. The ex parte order of CIT(A), passed without adequate opportunity of hearing, was also found unsustainable.</description>
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