TaxTMI 
TaxTMI 
2019 (9) TMI 351
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....he order of the CIT(A) in confirming the penalty levied u/s 271(1)(c) of the Act amounting to Rs. 51,273/-. 3. For the sake of convenience, these were heard together and are being disposed of by this common order. ITA No.5447/Del/2012 4. Grounds of appeal No. 1 and 7 being general in nature are dismissed. 5. In Ground No.2, the assessee has challenged an addition of Rs. 3,73,459/- made by the Assessing Officer and sustained by the CIT(A). 6. Facts of the case, in brief, are that the assessee is an individual and derives income from property dealing. He filed his return of income on 13th August, 2007 declaring the total income of Rs. 1,72,452/-. The Assessing Officer, during the course of assessment proceedings, noted that the....
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....this as unexplained cash deposit in the bank account of the assessee. In appeal, the ld.CIT(A) upheld the action of the Assessing Officer. 8. Aggrieved with such order of the CIT(A), the assessee is in appeal before the Tribunal. 9. The ld. counsel for the assessee, at the outset, submitted that the assessee maintains the books on mercantile system basis. Referring to page 75 of the paper book, the ld. counsel drew the attention of the Bench to the demand note raised by the BSES Yamuna Power Ltd., amounting to Rs. 42,000/-. Referring to page 13 of the paper book, she drew the attention of the Bench to the TDS certificate dated 30th March, 2006 for the period from 01.04.2005 to 31.03.2006 issued by Datamation Consultants Pvt. Ltd. Refe....
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....peal the assessee filed certain certificates from Datamation which were forwarded to the Assessing Officer for his verification and the Assessing Officer in her report dated 11th March, 2016 had stated that although Datamation has not been able to produce their books to show the payment, however, they have orally confirmed that they are paying maintenance and electricity charges to the assessee. Accordingly, the ld.CIT(A) had cancelled the penalty on this amount. Since the Datamation has already confirmed before the Assessing Officer during the remand proceedings that they are paying the maintenance charges to the assessee, therefore, I am of the considered opinion that the cash deposit in the bank account stands explained being the amou....
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....d of appeal No.3 by the assessee is allowed. 14. In ground of appeal No.4, the assessee has challenged the order of the CIT(A) in confirming the addition of Rs. 1,67,558/-being loans and advances received by it. 15. After hearing both the sides, I find the Assessing Officer made an addition of Rs. 1,67,558/- on the ground that the assessee could not properly explain before him regarding the various parties to whom he has advanced cash in the earlier years which were received back during the current financial year since the assessee could not properly explain the details. I find the ld.CIT(A) sustained the addition so made by the Assessing Officer on the ground that the assessee in the preceding years had not filed any balance sheet an....
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....deposit of cash amounting to Rs. 5,000/- on the ground that the assessee could not substantiate with evidence to his satisfaction that he has received cash from the office boy Deepak against which cheque was issued to him. He had also observed that no such office boy was employed by the assessee as no salary was debited in the P&L Account and it is an afterthought. I find the ld.CIT(A) sustained the addition made by the Assessing Officer. The ld. counsel also could not substantiate with any evidence so as to take a contrary view than the view taken by the CIT(A) on this issue. Accordingly, Ground No.5 is dismissed. 18. Ground No.6 was not pressed by the ld. counsel for which the ld. DR has no objection. Accordingly, the same is dismissed....