TaxTMI 
TaxTMI 
2025 (2) TMI 1611
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....f being heard to the Appellant. 3. That on the facts and in the circumstances of the case as well as law on the subject, the NFAC/Ld.CIT(A) has erred in confirming the action of Assessing Officer in making addition of Rs. 7,60,800/- u/s 69 of the Act on account of unexplained investment which was not pertained to the appellant and is therefore unjust, illogical and arbitrary and deserves to be quashed. 4. That on the facts and in the circumstances of the case as well as law on the subject, the NFAC/Ld.CIT(A) has erred in confirming the action of Assessing officer in making addition of Rs. 4,46,000/- u/s 68 of the Act on account of unexplained cash deposit in his Savings bank account and therefore it is unjust, illogical and arbitrary and deserves to be quashed. 5. That on the facts and in the circumstances of the case as well as law on the subject, the NFAC/Ld.CIT(A) has erred in confirming the action of Assessing officer in not allowing the deduction available u/s 80C of the Act, amounting to Rs. 45,271/-. 2. The registry has informed that the present appeal is delayed by 1 year and 63 days and therefore time-barred. Ld. AR for assessee submitted that....
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....ed position by Hon'ble Supreme Court in Collector, Land Acquisition Vs Mst. Katiji and others 1987 AIR 1353, 1987 2 SCC 387 that whenever substantial justice and technical considerations are opposed to each other, the cause of substantial justice must be preferred by adopting a justice- oriented approach. Thus, taking into account the provision of section 253(5) and the decision of Hon'ble Supreme Court, we take a judicious view, condone delay, admit appeal and proceed with hearing. 3. The background facts leading to present appeal are such that the assessee-individual filed return declaring a Gross Total Income of Rs. 2,97,706/-, Deduction of Rs. 45,271/- under Chapter VI-A and Total Income of Rs. 2,52,440/-. The case was selected for scrutiny assessment and the AO issued notices u/s 143(2)/142(1) which were partly complied. Ultimately, the AO passed assessment-order after making three additions/ disallowances, namely (i) addition of Rs. 7,60,800/- on account of unexplained investment in a property situated at Gram - Bawadia Laka, Patwari Halka No. 42, Tahsil Hujur, Bhopal; (ii) addition of Rs. 4,46,000/- on account of unexplained deposit in a bank a/c; and (iii) disallowance o....
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....d-deed of impugned property. Referring to this deed, Ld. AR firstly demonstrated that all details of property, namely situated at Gram-Bawadia Kala, Patwari Halka No. 42, Tahsil Hujur, Bhopal, seller Shri Dwarka Prasad Khandelwal and measurement of 0.150 hectare, as mentioned by AO in assessment-order are duly matched in the registered-deed, therefore it is a registered-deed of very same property as considered by AO for making addition. Thereafter, he demonstrated that the said property was purchased singly by Smt. Sudha Sahu, wife of assessee and the assessee is not even a joint purchaser in the deed. Then, Ld. AR carried us to Pages 25-27 where the assessment-order dated 27.11.2017 of Smt. Sudha Sahu for the very same AY 2010-11 is placed. Referring to same, Ld. AR explained that the case of assessee's wife of very same AY 2010-11 was completed by same office of AO u/s 147 r.w.s. 143(3) and while conducting proceeding, the AO made a specific query from assessee's wife qua the purchase of very same property and source of investment made therein through a notice dated 18.10.2017 u/s 142(1) (copy at Paper-Book Page 23) and assessee's wife filed a reply (copy at Paper-Book Page 24) c....
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....rators" since the year 2008. He carried us to a copy of Establishment Registration Certificate dated 26.04.2008 issued by Municipal Corporation of Bhopal filed at Page 38 of Paper-Book to show the existence of assessee's business. Then, Ld. AR carried us to the copy of Computation of Total Income of assessee at Page No. 6-8 of Paper-Book to show that the assessee declared business income of Rs. 2,63,456/-. He submitted that this income is declared by assessee u/s 44AD on business turnover of Rs. 5,60,000/-. Finally, he carried us to the pass-book of impugned bank a/c at Page 40 of Paper-Book to show that the assessee deposited a cash sum of Rs. 4,60,000/- on 09.11.2009 (the AO has wrongly mentioned and added Rs. 4,46,000/- in assessment-order). Having shown these documents, Ld. AR submitted that the assessee is engaged in tent and light decoration business and derived receipts from business in the peak season of Diwali which were accumulated and ultimately deposited in Bank A/c. Ld. AR submitted that the assessee is making a very honest submission that the impugned deposit was made only from business turnover and hence the assessee's submission must be given credence and accepted. ....