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2022 (10) TMI 389

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....ging the order dated 31.8.2021 passed by learned CIT(A)-National Faceless Appeal Centre, Delhi and it relates to A.Y. 2017-18. 2. The assessee is aggrieved by the decision of learned CIT(A) in confirming the addition of Rs. 45 lakhs relating to cash deposit made into the bank account during demonetization period. 3. The assessee is engaged in the business of trading in diamond. It filed its retu....

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....cordingly, he treated the cash deposits of Rs. 45 lakhs as unexplained cash deposit and assessed the same as income of the assessee under section 68 of the Act. The Learned CIT(A) also confirmed the same. 4. I have heard the parties and perused the record. The facts that the deposit made into the bank account is from out of the books of accounts and the said deposits have been duly recorded in th....

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....d in the books of account. The impugned deposits have been made from cash balance available with books of account. I also notice that the Assessing Officer has not rejected the books of account. When cash deposits have been made from the cash balance available in the books of account, in my view, there is no question of treating the said deposits as unexplained cash deposit as opined by the Assess....