SHRI RAM GOUR,SHIVPURI vs. INCOME TAX OFFICER ASHOK NAGAR, GWALIOR

At the time of hearing learned AR brought to my notice that the assessee preferred an appeal before the learned CIT(A) against the order passed u/s. 143(3) of the Income-tax Act, 1961 (“the Act” for short). The short issue is that the assessee has deposited cash during demonetization period. In response to the notices, assessee has attended the office of the Assessing Officer and submitted that the assessee has made the cash deposit during demonetization period out of his agricultural income. Not satisfied with the submission of the assessee, the Assessing Officer proceeded to make addition u/s. 69A of the Act.

Against the above said order, the assessee filed an appeal before learned CIT(A) and also raised additional grounds against making the additions by invoking provisions of section 69A of the Act. Further, he brought to my notice the findings of the learned CIT(A) in the impugned order. He submitted that the learned CIT(A) has not adjudicated the technical issue raised in additional grounds nor discussed in detail on merits of the case. He merely dismissed the appeal preferred by the assessee and prayed that the issue may be remitted back to the file of learned CIT(A) to adjudicate the technical ground as well as on merits.

On the other hand, learned DR relied on the findings of lower authorities.

Considered rival submissions and the material placed on record. I observe that the lower authorities have not made proper verification of the source of cash deposits disclosed by the assessee before them.

In the result, appeal filed by the assessee is allowed for statistical purposes.