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2023 (2) TMI 388

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....ed on behalf of the assessee stating sufficient reasons to condone the delay. Ld CIT-DR also did not object to condone the delay. Accordingly, we condone the delay of 17 days in filing the present appeal and the appeal is heard finally. 3. It was submitted by the ld. AR that the assessee is an individual and a partner in Joshi Enterprises. It was the submission that the partnership firm is running a petrol pump. It was submitted that the assessee had deposited total amount of Rs.38,16,000/- in two bank accounts. In a current account maintained with SBI, Joda Branch, the assessee had deposited Rs.35,66,000/- and an amount of Rs.2,50,000/- in the Bank of Baroda, Barbil Branch. It was the submission that the amount of Rs.35,66,000/- related....

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.... and the same has been completed u/s.143(3) of the Act wherein the AO has specifically given a finding that the cash deposit are reflected in the cash book. It was the submission that after considering the cash deposit in the bank account in the case of Joshi Enterprises, the assessment has been completed accepting the returned income. Ld. AR drew our attention to pages 194 to 197 of the paper book, which are the copies of the assessment order passed u/s.143(3) of the Act on 24.12.2019 for the assessment year 2017-2018 in the case of Joshi Enterprises. It was the submission that it is an admitted fact that in respect of Rs.2,50,000/- deposited in the assessee's bank account the AO has not mentioned in the assessment order on 29.11.2019 thou....