2020 (5) TMI 543

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....ad dated 31.03.2019 raising following grounds of appeal:- "1. That the A.O. has not provide proper and reasonable opportunity being heard even he has not considered submission filed by the assessee and passed by Order U/s 144/147 bad in law and against the principle of natural justice. 2. That the A.O. as well as CIT(A) has not considered source of cash deposit by the professional cash withdrawal from Partnership Firm, cash redeposit and opening cash in hand duly full explained the A.O. as well as CIT(A). Therefore, the A.O. made addition U/s 69 of I.T. Act 1961, which is bad in law because the bank passbook is not books of accounts of the assessee. 3. That the Written Submission filed by the assessee is not consi....

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....spital. The assessee also supported that with computation of income and statement of affairs as on 31.03.2010. The LD CIT (A) dismissed the appeal of the assessee as the ledger account submitted of Priyadarshini Hospital (Firm) were unauthenticated and on the ledger account PAN was not mentioned. The cash deposited therefore, were held to be not correlated hence, and confirmed the addition. The assessee aggrieved with the above order has preferred this appeal before us. 6. The ld AR submitted that the assessee is a Doctor and carrying on private practice as well as partner in M/s. Priyadarshi Hospital. The assessee submitted that assessee has deposited total cash of Rs. 15,11,182/-. The source of deposit was opening cash balance of Rs. 3....

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....N of the partnership firm was not mentioned in the account. We find that when the assessee filed her return of income she included the professional income of Rs. 518831/- as well as remuneration and interest from partnership firm of Priyadarshi Hospital Rs. 219415/-. Her individual gross receipt from private practice shows Gross professional income of Rs. 885690/- which was deposited in that bank account. While explaining the source the assessee has categorically stated that, the above professional receipt was deposited in the bank account of the assessee. Therefore, addition to that extent naturally amounts to double addition. Further, it was also stated that she was having opening cash balance in hand of Rs. 325492/- which was also deposi....

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....e was found to have deposited cash of Rs. 1358570/- in his saving bank account maintained with Oriental Bank of commerce. The assessment u/s 147 read with section 144 of the Act was passed on 05.12.2017 at Rs. 2083770/-. The assessee challenged the same before the ld CIT (A). The LD CIT (A) dismissed the appeal of the assessee for the similar reason of unauthentic account. 13. The LD AR submitted that assessee is a partner in Priyadarshi Hospital as well as carrying on his professional practice. The assessee also submitted that he has opening cash in hand of Rs. 343108/- and professional fees receipt of Rs. 685010/-. He received Rs. 3 lakhs from Priyadarshi Hospital as remuneration and further Rs. 48000/- as gift from relatives therefore....