2023 (3) TMI 913

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....ncome Tax Act, 1961 (hereinafter the 'Act') vide orders of even date 31.12.2018. 2. These appeals by the assessee are time barred by 50 days and assessee has filed affidavit for condonation petition. The facts are that the orders of CIT(A) dated 12.08.2022 was received by assessee on 20.08.2022 and appeal should have been filed before the Tribunal on or before 19.10.2022 but actually appeal was filed before Tribunal only on 08.12.2022 thereby there is a delay of 50 days. The assessee stated the reason that he was pursuing alternative remedies of filing rectification petition and the reason reads as under:-. 2 The order of CIT(A) dtd,, 12.08.2022 was received on 20.08,2022. Rectification petition was filed before CIT(A) and the order dtd ....

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....d assessee preferred appeal before CIT(A). 4.1 The CIT(A) deleted the addition in regard to salary given by company to the assessee for an amount of Rs.11,00,000/- by observing in para 7.3 as under "7.3 I have carefully considered the matter. Regarding addition of Rs.11,00,000/-it is seen that Smt. Sabira and assessee were having credit balances of Rs.10,00,000/- and Rs.1,00,000/- in the account of Airtech Machine and tools as on 31.03.2011. Those credit no longer appear in the account as on 31.03.2012. Smt. Sabeera had confirmed that her money of Rs.10,00,000/- was returned by the company through the account of her son-in-law. The AO simply brushed aside the documentary evidences and stated that the said sum could have been directly cre....

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.... income has been explained by assessee and even otherwise it is not clear from the assessment order that how the AO is making addition of this Rs.64,000/- because the salary income narrated by AO in his order is only Rs.11,00,000/- which is deleted by CIT(A) because the assessee has already declared this amount under the head salary. Hence, I delete the addition and allow this issue of assessee's appeal. 6. Coming to second issue against the order of CIT(A) upholding the addition made by AO of Rs.2,43,170/-. 7. Briefly stated facts are that the assessee has tried to explain the purchase of the following properties:- i. Vacant site on 16.12.2011 for an amount of Rs.1,73,720/- ii. Purchase of vacant site on 23.08.2011 for Rs.2,74,000/-....

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....that even from the fund position as noted by the AO there is withdrawal from father's bank account maintained at SBI, Vadavalli, an amount of Rs.2,40,000/- and withdrawal of Rs.7,00,000/- on 05.03.2012, total comes to Rs.9,40,000/- whereas investment is only Rs.9,39,320/-. It means that the investment and withdrawal matches. In term of the above, I allow this issue in favour of assessee and I direct the AO to delete the addition. 9. The next issue in this appeal of assessee is as regards to the order of CIT(A) upholding the addition made by AO of Rs.7,35,000/-. 10. Brief facts are that the AO made addition of Rs.7,35,000/- by observing in para 7.3 as under:- "7.3 Unexplained cash credit u/s 68 of the Act:- Assessee's AR had produced cas....