2018 (6) TMI 612

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.... the facts and in the circumstances of the case, the CIT(A) has erred in law and in facts in not treating the certified copies of return of income and other documents obtained during enquiry u/s 133(6) of the act as genuine and authentic documents and deleting the addition of Rs. 75,98,883/- made by A.O, on account of unsecured loan u/s 68 of the Act. 3. On the facts and in the circumstances of the case, the CIT(A) has erred in law and in facts in giving the direction to the A.O. to accept the source of cash deposits prior to the verification thereof by the A.O. in respect of source of cash deposits in bank and deleting the addition of Rs. 15,08,000/- made by A.O. on account of unexplained source of cash deposits. 4. On the facts and in the circumstances of the case, the CIT(A) has erred in law and in facts in not treating the certified copies of return of income and other documents obtained during enquiry u/s 133(6) of the act as genuine and authentic documents and deleting the addition of Rs. 6.41,408/- made by A.O. on account of unverified and unverifiable expenses." 3. Brief facts of the case is that the assessee is an individual who filed its return of income on 29.09.....

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....f unexplained source of cash deposits of other three additions have been made by the ld AO based on the information obtained u/s 133(6) of the Act from the bank. The ld CIT(A) noted that the assessee has never filed the return of income which was produced by the bank before the ld AO in respect to notice u/s 133(6) of the Act. The whole facts have been dealt by the ld CIT(A) at pages 6 to 6.7 as under:- "6. I have carefully considered the issues, the assessment record and the submissions made by the AR. As per the assessment order, the AO stated that the assessee filed return of income on 29.09.2009 declaring total income of Rs. 3,01,450/- which was processed u/s 143 (1) on 08.08.2010 and it was selected for scrutiny through CASS. During assessment proceedings, the AO received verification letter from SBOP, Gurgaon regarding the authenticity of return of income for the AY 2009-10 supposed to have been filed by the appellant in the IT office Narnaul on 14.09.2009. The AO obtained copy of return filed by the appellant before Dena Bank, New Delhi for obtaining loan. As per this return for the AY 2009-10 dated 14.09.2009, the income returned was Rs. 13,31,370/- as against the income ....

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....t furnished details of all expenses debited in the P&L a/c before the AO (PB page 57-89), which are nothing but part of the books of accounts. As pointed by the AR, it is seen that the AO, vide order sheet entry dated 13.12.2011 on one hand states that books of accounts have not been produced and on the other hand concluded that the books of accounts are not reliable (PB page 1-6). It is not known as to how the AO came to the conclusion that the books of accounts are not reliable without examination upon production of the same by the appellant before him. The AO rejected the contention and affidavit filed by the appellant that the return of income and other documents obtained from Dena Bank have not been prepared by him, on presumption without any enquiry to ascertain the genuineness of the two sets of returns and documents available with him. 6.5 It would be pertinent here to go to the affidavit dated 19.12.2011 filed by the appellant before the AO in this regard, which is reproduced hereunder: (1) That I have submitted e-return on 29.09.2009 declaring income of Rs. 3,01,450/- and deposited tax accordingly, where there is no unsecured loan taken by me which only is a genuine....

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....e: "F.No. ITO/ W-l/NNL/2010-11/1055 Office of the Income Tax Officer Ward-1, Namaul Dated: 16/09/2011 To The Manager State Bank of Patiala SME Branch (Code-50693) New Railway Road, Branch, Gurgaon-122001. Sir, Subject:- Verification of ITR year ending 31/03/09 to 31/03/2010 of Sh. Sishan Kumar Aqgarwal Prop Mangla Trading Corporation, PAN AAUPA5235D- Reg. Please refer to your office letter dated 13/09/2011 on this above cited subject. In this connection it is intimated that the acknowledgements of return of income for the asstt. Years 2009-10 and 2010-11, in respect of above mentioned assessee, has not been issued by this office. It is for your information. Yours faithfully, Sd/- (DRS Yadav) Income tax Officer, Ward-1, Narnaul." [Emphasis supplied] The AO has himself clarified to the bank that the acknowledgements of the returns purported to have been filed by the appellant have not been issued by his office, meaning thereby that the copies of acknowledgements and retums'Tir income available with the bank are not genuine. When the AO himself has issued such clarification to the bank, it is noFknown as to why he relied upon t....