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2019 (8) TMI 332

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.... explanation of the Appellant and misappreciating the facts in an arbitrary manner. The reasons recorded by the CIT(Appeals) are not borne by records. 2. That the Commissioner of Income-Tax (Appeals) had erred both in law as-well-as in facts of the case in confirming addition of Rs. 5,42,000/- as unexplained cash deposits in bank account of the Appellant. 3. That the Commissioner of Income-Tax (Appeals) had erred both in law as-well-as in facts of the case in up-holding addition of Rs. 5,12,000/- on account of deposits, by cash and cheque, in bank account of brother of the Appellant namely Mr. Rakesh Gupta. 4. That the Ld. Commissioner of Income-Tax (Appeals) erred both in law as well as in facts of the case in up-holding addition of ....

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....om rag pickers who collects waste paper from various places in bicycle and sell on cash basis only. As this process is purely based on cash basis, the assessee also makes sell in cash to some other persons. The Assessee deposits the cash in Bank on regular basis. Since assessee was not in good health, therefore, he could not attend the proceedings and only C.A. appeared before A.O. The assessee due to ill-health could not produce the documentary evidences, therefore, assessee made a request for admission of additional evidences under Rule 46A of the I.T. Rules. The Ld. CIT(A) called for the remand report from the A.O. who has filed the remand report and did not object to the admissibility of the additional evidences. The Ld. CIT(A) consider....

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....has submitted that A.O. without discussing anything in the assessment order and nature of the deposits in bank account, made the addition on estimate basis. He has submitted that assessee has several joint accounts which belong to the family members, therefore, such additions could not be made in the hands of the assessee. He has submitted that assessee is dealing in waste papers only and as such he could not have earned the huge income as computed by the A.O. He has submitted that assessee is willing to produce the documentary evidences and explanation before A.O, therefore, matter may be remanded to the file of A.O. 5. On the other hand Ld. D.R. though relied upon the Orders of the authorities below, but, fairly stated that since it was ....