2022 (11) TMI 781

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....arned senior standing counsel for the Revenue states that the ITAT erred in upholding the order of the Commissioner of Income Tax (Appeals) ['CIT(A)'] deleting the addition of Rs. 10,20,64,174/- made by the Assessing Officer ('AO') on account of the difference in receipts as per the Assessee's bank account when compared with the books of accounts maintained by the Assessee. He states that the ITAT erred in concurring with the CIT(A) that the AO had failed to verify the evidence produced before him and for not providing adequate opportunity for hearing to the Assessee. 3. We have heard the learned counsel for the parties. The facts of the case relevant for deciding the present appeal are as follows: 3.1. The Respondent, Assessee, is en....

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....d AO failed to make any sincere effort regarding the aforesaid addition and the same was made only on the basis of doubt, suspicion, conjecture or surmises without affording proper opportunity of being heard to the Assessee which is in violation of the principles of the natural justice. The relevant findings of the CITA(A) are as follows: "4.1.6. In my considered view, addition made of Rs. 10,20,64,174/- on account of amount credited in the bank account of the appellant in excess of receipt as per books of accounts is not sustainable in view of documentary evidences already available on record to substantiate the said difference. The AO has failed to make any sincere effort regarding the same and made addition only on the basis of ....

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.... by the CITA(A) and the impugned Order dated 27th April, 2020 reveals that the ITAT and CIT (A), both fact finding authorities have concurrently held that there is no merit in the ground raised with respect to the addition of Rs. 10,20,64,174 on account of the income declared by the Assessee and the receipts as per the books of account of the Assessee. The CIT(A) in its order at paragraph 4.13 has set out the information and explanation furnished by the Assessee explaining each of the entries amounting to Rs. 10,20,64,174/- to substantiate its contention that the said amount is not exigible to tax. The CIT(A) has noted that the documentary evidence in support of the said explanation furnished by the Assessee was available on record. The ITA....