2025 (8) TMI 1309

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....of the learned CIT(A) is not correct either on facts or in law and in both. 2. The Ld. CIT(A) is not justified in confirming the addition to the extent of Rs. 53,09,114/- being the cash deposits in Bank A/c treated as unexplained income u/s 69A r.w.s 115BBE of the IT Act 1961 without appreciating the facts that the said deposits belong to the appellant's husband, who is carrying on "Mee Seva Services", 3. In the facts and circumstances of the case, the Ld. CIT(A) is not justified in confirming the addition, though the assessing officer in his remand report mostly accepted the contentions of the appellant regarding the service activity carried on by the appellant's husband. 4. The Ld. CIT(A) is not justified in confirming the a....

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....control of the assessee. After considering the submission of the Ld. AR and after hearing the Learned Department Representative ("Ld. DR"), the delay of 72 days in filing of this appeal is condoned and the appeal is admitted for adjudication. 3. The brief facts of the case are that, the assessee is an individual, filed her Return of Income ("ROI") for A.Y. 2017-18 on 16.08.2017 admitting the total income of Rs. 2,65,500/-. The case of the assessee was selected for complete scrutiny under CASS due to "large cash deposits during demonetisation period and business return filed for the first time". From the available records of the assessee, the Learned Assessing Officer ("Ld. AO") found that, there was cash deposits of Rs. 24,96,405/- during ....

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....and provide services to public, collect cash for those services, deposit the cash into the bank account and finally transfer the amount to Payu Payments Private Limited ("Payu") on account of TSTSL. For providing these services, her husband also received commission from TSTSL. In support of the services provided by the assessee, the Ld. AR filed the following documents before the Ld. CIT(A) : i) License in the name of Manju Dudala and transaction summary issued by APT. ii) License in the name of assessee's husband along with transaction summary. iii) Copies of 26AS for A.Y. 2017-18 of the assessee and her husband. On the basis of aforesaid documents, the assessee demonstrated before the Ld. CIT(A) that, the assessee had made tran....

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....d Payu which is to the following effect :   Reconciliation of the total credits in the SBI Bank A/c. No.62463875645 S.No. Particulars Amount (Rs.) Total (Rs.) 1 Total transaction amount as certified by APT Online Ltd. (For Manju Dudala) 45,23,898.16   2 Total transaction amount as certified by TSTS Ltd. (For Hari Babu) 91,59,468.83     Total   1,36,83,366.99 Less: Total transaction amount credited through Manju Dudala in SBI A/c. No. 62463875645 1,28,30,621.12   Less: Transaction amount for April (not reflected in the SBI bank account) (Bank A/c. Opening date: 29.04.2024) 1,28,260 1,29,58,881.12   Balance amount paid directly to the Principal Agent as per convenience of the asse....