2016 (7) TMI 808

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....t aside the issue of addition of Rs. 3, 20,000/- on account of unexplained cash deposit in bank U/s 251 of the Income-Tax Act, 1961. The CIT (A), cannot set aside the issue other than following Rule-46-A during the appeal proceedings. 2. Deleting the addition of Rs. 88,77,900/- made by the Assessing Officer on protective basis to beat the time bar on account of cash deposited in joint SB A/c with his mother , who is doing business without considering the fact that the addition was made on account of undisclosed profit of a separate amount in the hand of assessee's mother by another assessing Officer without conducting proper verification and enquiry. The appellant craves the right to alter, amend, add or substitute the....

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....tax (Appeals), the assessee challenged both the additions made by the Assessing Officer. The learned Commissioner of Incometax (Appeals) restored the first issue of addition of Rs. 3,20,000/- to the file of Assessing Officer to provide opportunity and give the benefit of the gifts received at the time of marriage. The second issue was deleted as the addition was already considered in the hand of mother of the assessee. Aggrieved with the findings of the learned Commissioner of Income-tax (Appeals), the Revenue is in appeal before the Tribunal raising grounds as reproduced above. 3. In ground No. 1, the Revenue has challenged direction of the learned Commissioner of Income Tax(Appeals) restoring the issue to the file of the Assessing Offi....

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....The addition was made by the AO in view of the cash deposits in a bank account maintained jointly by the assessee with his mother. Before the Assessing Officer, the mother of the assessee owned the deposits as belonging to her business activity, however, the Assessing Officer added the sum in the hands of the assessee on protective basis to protect the interest of Revenue. Before the learned Commissioner of Income-tax(Appeals), the assessee submitted that this amount was already considered by the Assessing Officer of his mother and the same amount cannot be added again into his hands. The learned Commissioner of Income-tax(Appeals) accepted the contention of the assessee and deleted the addition. 4.1 Before us, the ld. Sr. DR relying on ....