2021 (4) TMI 6

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.... Act, 1961. 2. That on law, facts and circumstances of the case, the Worthy CIT(A) has erred in confirming the action of Ld. AO of making addition of Rs. 7,00,000/- on account of alleged undisclosed cash deposits the bank account of the appellant even when the said deposit was from disclosed and known sources. 3. That the appellant craves leave for any addition, deletion or amendment in the grounds of appeal on or before the disposal of the same. 2. At the time of hearing, an adjournment was moved on behalf of the assessee stating that certain documents are in the process of being obtained. However, considering the record, it was deemed appropriate to reject the adjournment application and proceed to hear the appeal ex-....

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....lained from the agricultural income as there was no nexus between the date of issue of "Form-J" and the dates of cash deposits etc. 5. The assessee in his reply to the objections of the AO before the CIT(A) as per record had submitted that the amount was sourced from agricultural land purchased by his friends, Registry of Sale Deeds etc. demonstrating this fact was stated to be included. The friends were named as Shri Krishan Kumar, from whom Rs. 4.5 lacs had been obtained and Shri Dharam Singh, from whom Rs. 3.5 lacs had been obtained. It is seen that the assessee also claimed that having remained busy in the marriage of his daughter, wherein as a result of the death of his wife, all family responsibilities fell upon him in the absence ....

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.... relying on the non-speaking remand report becomes meaningless and cannot be said to be a fair and impartial exercise of power. In order to discard the explanation from agricultural sources specific dates need be recorded to show that the bank deposits being prior to availability of funds as per Form-J etc. No such finding is recorded. 8. In the above facts and circumstances, considering the fact that the assessee is also attempting to obtain further documentary evidences to satisfactorily support its case, it is deemed appropriate and in the interests of substantial justice to set aside the impugned order back to the file of the CIT(A) requiring the said authority to specifically address the evidences relied upon and in the eventuality,....