2013 (5) TMI 721

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....harat, Judicial Member:- This appeal field by the Revenue is directed against the order of Commissioner of Income-tax (Appeals)-Valsad dated 30-10-2012 pertaining to assessment year (AY) 2009-10. The Revenue has raised the following grounds of appeal:- "1. On the facts and in the circumstances of the case, and in law, the Learned CIT(A) has erred in deleting the addition made on account of d....

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....d facts are that assessee is engaged in the business of transportation. The case of the assessee was selected for scrutiny assessment and the assessment u/s. 143(3) of the Income-tax Act, 1961(hereinafter referred to as 'the Act') was framed thereby the Assessing Officer made addition of Rs.45.50 lakh on account of cash deposit in his saving account and also made addition of Rs.6,50,700/- on accou....

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....possible. The AO also observed that onus lies on the assessee to establish the source of sums found in his bank account during the course of assessment proceedings. We find that Ld. CIT(A) while deciding the issue of cash deposit of Rs.45.50 lakh has observed that as the assessee failed to record the net turnover in his return of income and the same came to notice during the course of assessment p....

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....see has not produced any document, books of account and other details for verification. We are of the considered opinion, this issue should be remitted back to the file of Assessing Officer for fresh decision and assessee would be at liberty to produce the material evidence in support of his claim after being given adequate opportunity of being heard to assessee. This ground of Revenue's appeal is....