Case Law Details
ITO Vs Ashesh Sidharth Agarwal (ITAT Ahmedabad)
ITAT Ahmedabad held that merely because the books of accounts have been subjected to tax audit under Section 44AB of the Act and the Auditor had certified the books of accounts to be in order, the contention made by the assessee cannot be stated to be full proof.
Facts-
On the basis of AIR information that the appellant has deposited cash amounting to Rs. 5,10,00,700/- in bank accounts, a notice u/s. 143(2) of the Income Tax Act followed by notice under Section 142(1) of the Act alongwith questionnaire was served upon the assessee.
However, no document has been filed by the assessee. In the absence of any detail submitted by the assessee neither capital gain earned by the assessee could be worked out. Having no other alternative, the addition was made by the AO on the basis of the figures furnished by the department as per AIR/CIB, which was, in turn, deleted by the First Appellate Authority. Hence, the instant appeal before us.
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