TaxTMI 
TaxTMI 
2017 (2) TMI 729
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....time of assessment as well as during remand proceedings. The original agreement supporting claim by the assessee of sale of land and advance received were not produced. 3. The affidavit which was produced by one Sh. Rajesh of Goela Kalan dated 8.9.2015 affirming that Rs. 30 lacs was given as an advance did not carry any specific datge of transactions on which this advance was given. 4. CIT(A) has erred in not considering properly the report of the AO wherein no corroborative evidence was submitted by the appellant regarding his contention of having repaid the advance taken. 2. The facts in brief are that the assessee had deposited Rs. 29,75,000/- on various dates during the period 1.4.2005 to 31.3.2006 with Punjab National Bank. AO asked the assessee to explain the source of the deposits, but no source of the amount was given by him. Accordingly, the notice u/s. 148 was issued to the assessee on 28.3.2013 after duly recording the reasons for escapement. The assessee was asked to file his return of income for the AY 2006-07 vide the notice u/s. 148 of the Act, but no return for the aforesaid year was filed by him. Various statutory notices were sent to the assessee, but he ....
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....269 (Jaipur) Anmol Colours (India) (P) Ltd. vs. ITO 6.2 With regard to ground no. 2 to 4 relating to addition of Rs. 29,75,000/- on account of alleged unexplained cash deposit in bank account with Haryana Gramin Bank, Nuna Majra and addition of Rs. 10,09,837/- on account of alleged unexplained credits/ entries in bank account with Haryana Gramin Bank, Nuna Majra is concerned, the Ld. Counsel stated that Cash deposits of Rs. 29,85,000/- in bank account no. 5401 with Haryana Kshetriya Gramin Bank, Nuna Majra were deposited and explanation thereof is that amount represents advance towards sale of agricultural land from Sh. Rajesh S/o Rajender Singh R/o Village Goela Kalan Tehsil Bahadurgarh, Jhajjar, Haryana which was established by filing the affidavit of Sh. Rajesh (page No. 4 of the PB); ration card of Sh. Rajender Singh (Father of Shri Rajesh) (Page No. 5 of the PB); Driving License of Sh. Rajesh (Page No. 6 of the PB); agreement to sell dated 2.2.2006 (page no. 7 to 9 of the PB); copy of bank statement of assessee (page no. 10 to 14 of the PB). He further stated that the AO in the remand report did not dispute the evidences other than to allege that no evidence was produced re....
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.... your good self is prayed to please delete the addition made by the AO. I have examined the facts of the case, the submissions made by the appellant and the remand report of the AO dated 30.12.2015. The AO has admitted to the fact of the affidavit, dated 8.9.2015, affecting the repayment. The AO has however merely stated that no evidence was produced regarding the repayment, but no efforts were made by him. Filing of the affidavit and the fact the AO has made no effort to prove that it is false, makes the addition contentious. I, therefore, delete the same. This ground of appeal is allowed. The 5th ground of appeal is against addition of Rs. 10,09,837/- received through cheques. During the year under appeal the appellant had sold part of his ancestral agricultural land along with his other family members for Rs. 32,55,000/- and the appellant had received two cheques of Rs. 945000/- (708750.00+236250.00) as his share. The other credit entry of Rs. 64837/- on 18.05.2005 is on Alc transfer from BC 334. The AO had not bothered to verify from bank. The credit entry in the bank were from the sale proceeds of agriculture land and transfer entries and as such the addition of 1009837/....
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....ection (5) of section 250 of the Act empowers the Appellate Assistant Commissioner to allow the appellant, at the hearing of the appeal, to go into any ground of appeal not specified in the grounds of appeal, on his being satisfied that the omission on the ground from the form of appeal was not willful. It is clear from the above provisions that the powers of the Appellate Assistant Commissioner are much wider than the powers of an ordinary court of appeal. The scope of his powers is conterminous with that of the Income-tax Officer. He can do what the Income-tax Officer can do. He can also direct the Income-tax Officer to do what he failed to do. The power conferred on the Appellate Assistant Commissioner under sub-section (4) of section 250 being a quasi-judicial power, it is incumbent on him to exercise the same if the facts and circumstances justify. If the Appellate Assistant Commissioner fails to exercise his discretion judicially, and arbitrarily refuses to make enquiry in a case where the facts and circumstances so demand, his action would be open for correction by a higher authority." - 26 ITD 236 (Del) Electra Jaipur (P) Ltd. vs. IAC wherein the Tribunal has held that "....