2019 (10) TMI 1227

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....ld. CIT(A) has erred on facts and in law in confirming the addition of Rs. 8,33,087/- U/s 69A of the IT Act by treating the cash deposit in the bank account to this extent as unexplained income of the assessee. 3. The appellant craves to alter, amend and modify any ground of appeal. 4. necessary cost be awarded to the assessee." 2. At the time of hearing, the AR of the assessee has stated at bar that the assessee does not want to press ground No. 1 of the assessee's appeal and the same may be dismissed as not pressed. The ld DR has raised no objection if ground No. 1 of the appeal is dismissed as not pressed. Accordingly, ground No. 1 of the assessee's appeal is dismissed being not pressed. 3. Ground No. 2 of the app....

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.... challenged the action of the A.O. before the ld. CIT(A) and the ld. CIT(A) allowed the credit of opening balance in the bank account of Rs. 1,57,547/- and estimated agricultural income of Rs. 2.00 lacs. The addition of the balance amount of Rs. 8,33,087/- was sustained. 4. Before the Tribunal, the ld AR of the assessee has submitted that the assessee has no other source of income than the agricultural income. He has further contended that in respect of agricultural income, the assessee filed an affidavit of his uncle who has affirmed that the father of the assessee expired in the year 1997 and since then the assessee is looking after 34 to 35 bighas of agricultural land of the family. The assessee also produced Jamabandi and Khasra Gird....

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....well as the opening balance. In absence of any documentary evidence, the amount shown in the cash flow statement is not acceptable. The A.O. has already allowed the credit of withdrawal of Rs. 15,41,900/- made by the assessee during the year out of the total deposits of Rs. 25,64,500/-, therefore, the A.O. has taken a reasonable and proper decision while making addition U/s 69A of the Act. The affidavit filed by the assessee is a self-serving document and cannot be considered as an evidence of source of deposit. Further the ld. CIT(A) has allowed the relief to the assessee on account of opening balance and agricultural income which was estimated reasonably. He has relied upon the orders of the authorities below. 6. I have considered the ....