TaxTMI 
TaxTMI 
TaxTMI 
2025 (7) TMI 1434
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....erred on facts and law in confirming the addition, vide order u/s 250 of the Act Dt. 27.08.2024, made by the AO amounting to Rs. 9,50,000/- u/s 69A r.w.s. 115BBE of the Act, vide order u/s 144 of the Act Dt.16.12.2019, on account of alleged unexplained cash deposits during the period of demonetization. 2. The ADDL-JCIT (A) has erred on facts and law in confirming the addition, vide order u/s 250 of the Act Dt. 27.08.2024, made by the AO amounting to Rs. 9,50,000/- u/s 69A r.w.s. 115BBE of the Act, vide order u/s 144 of the Act Dt. 16.12.2019, on account of alleged unexplained cash deposits during the period of demonetization as the counsel of the assessee did not comply to the notice u/s 250 of the Act dt. 29.07.2024, served through e-mai....
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....07.2024 in the following e-mail id [email protected], [email protected], and [email protected] . In absence of any compliance to this particular notice the addition was sustained and the appeal has been dismissed by the first appellate authority by observing as follows: "Ground No. 3 to 6:- The Grounds are on a single issue of addition of cash deposit amount u/s 69A and as such the Grounds are adjudicated together. Here the Appellant has agitated over the addition of the amount of cash deposit of Rs 9,50,000/- during the demonetization period. The Appellant claimed that when the Agricultural Income of Rs 13,20,145/- has been admitted, the sources of cash deposit should be treated as explained. The Appellant also claim....
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.... filed for A Y 2017-18 when there was huge cash deposit during the demonetization. So, the addition is restricted only to the amount of cash deposit made during the demonetization. It doesn't mean that the claim of agricultural income has been verified and found in order. All submissions are only NARRATIVE without any supporting document. As the Appellant has not furnished any document regarding the presence of agriculture activities, there is no scope of any partial allowance of this ground also. If in such cases, the huge cash deposit during the demonetization is treated as normal, the very purpose of Demonetization will be defeated. The Appellant is not authorized to take such cash from others and deposit the same in his bank account aga....
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..../s Kheta Mall Krishan Chand 3,36,132 3. 18-11-2016 M/s Kheta Mall Krishan Chand 1,59,662.70 4. 22-11-2016 M/s Janta Sales Agency 1,14,311 Total 15,55,305.70 Details of Agricultural Income Particulars Amount Gross Agriculture Income 15,55,305.70 Less: Agricultural Expenses 2,35,160 Net Agricultural Income declared in ITR 13,20,145 5.3 The contention of the ld. AR is that the net agricultural income declared by the assessee at Rs. 13.20 lakhs is sufficient enough to cover the deposit of Rs. 9.50 lakhs in bank A/c and as such, he prayed that the addition on this count may please be deleted. 5.4 He further relied on the order of the coordinate benches of the tribunal and argued that in the instant case, since the assessee ....
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....rt in the case of Smt. Kavita Chandra vs. CIT(A), Panchkula and others ITA 421/2016 dated 07.03.2017 to submit that in an almost identical case the Hon'ble Court has observed as follows: "16. Moreover, we also agree with the learned CIT(A) that in the absence of any detail of expenses incurred by the assessee in this period the cash flow statement has no relevance and the entire withdrawal cannot be said to have been redeposited." 6.2 Relying upon the said judgment he prayed that the order of the ld. CIT(A) may please be upheld. 7. We have heard the rival submissions and considered the materials on record and we find that the assessee belongs to an agriculturist family and there is no other income other than the agricultural income. At ....