Shri Hemant R.Shah, Vapi v. The Income tax Officer,Vapi Ward-1,, Vapi

ITA 781/AHD/2012 | 2008-2009
Pronouncement Date: 25-10-2013 | Result: Allowed

Appeal Details

RSA Number 78120514 RSA 2012
Bench Ahmedabad
Appeal Number ITA 781/AHD/2012
Duration Of Justice 1 year(s) 6 month(s) 15 day(s)
Appellant Shri Hemant R.Shah, Vapi
Respondent The Income tax Officer,Vapi Ward-1,, Vapi
Appeal Type Income Tax Appeal
Pronouncement Date 25-10-2013
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted C
Tribunal Order Date 25-10-2013
Date Of Final Hearing 09-10-2013
Next Hearing Date 09-10-2013
Assessment Year 2008-2009
Appeal Filed On 09-04-2012
Judgment Text
C IN THE INCOME TAX APPELLATE TRIBUNAL AT AHMEDABAD C BENCH . .. . . . . . ! ! ! ! '# ' '# ' '# ' '# ' $ $ $ $ BEFORE S/SHRI MUKUL KR. SHRAWAT JUDICIAL MEMBER AN D N.S. SAINI ACCOUNTANT MEMBER) ITA NO.781/AHD/2012 [ASSTT.YEAR : 2008-2009] HEMANT R. SHAH 5 HAKIMJI SUPER MARKET GIDC CHAR RASTA VAPI. /VS. ITO VAPI WARD-1 VAPI. ( (( (&' &' &' &' / APPELLANT) ( (( (()&' ()&' ()&' ()&' / RESPONDENT) * + '/ ASSESSEE BY : MS. URVASHI SHODHAN . + '/ REVENUE BY : SHRI J.P. JHANGID SR.DR / + 0#/ DATE OF HEARING : 9 TH OCTOBER 2013 123 + 0#/ DATE OF PRONOUNCEMENT : 25-10-2013 '4 / O R D E R PER N.S. SAINI ACCOUNTANT MEMBER : THIS APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER OF THE COMM ISSIONER OF INCOME TAX (APPEALS) VAPI DATED 24.1.2012. 2. THE GROUND NO.1 OF THE APPEAL OF THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF THE LEARNED CIT(A) IN CONFIRMI NG THE ADDITION ITA NO.781/AHD/2012 -2- ON ACCOUNT OF UNEXPLAINED CASH CREDITS AMOUNTING TO RS.23 37 150/-. 3. BRIEF FACTS OF THE CASE ARE THAT AS PER AIR INFO RMATION RECEIVED THE AO CAME TO KNOW THAT THE ASSESSEE WAS HAVING SAVING BANK ACCOUNT IN KOTAK MAHINDRA BANK (KMB F OR SHORT) AND DURING THE YEAR UNDER CONSIDERATION THE ASSESS EE HAS DEPOSITED AN AMOUNT OF RS.23 37 150/- IN CASH OUT O F TOTAL DEPOSITS OF RS.48 81 511/- INCLUDING CHEQUES AND TR ANSFERS. THE SAID ACCOUNT WAS NOT DISCLOSED IN HIS BOOKS OF ACCO UNTS. DURING THE COURSE OF ASSESSMENT PROCEEDINGS THE ASSESSEE WAS ASKED TO EXPLAIN AND SHOW CAUSE AS TO WHY THE ABOVE DEPOSIT AMOUNT SHOULD NOT BE TREATED AS UNEXPLAINED DEPOSITS AND A DDED TO THE TOTAL INCOME. IN REPLY TO THE SAME THE ASSESSEE E XPLAINED THAT FOR CASH DEPOSITED IN BANK OF RS.23 37 150/- THE ASSES SEE HAS RECEIVED GIFT FROM FATHER AND OTHER FAMILY MEMBERS. THE AO OBSERVED THAT THE ASSESSEE DID NOT FURNISH ANY CONF IRMATIONS AND OTHER SUPPORTING DOCUMENTARY EVIDENCES WHICH COULD JUSTIFY THE SOURCE GENUINENESS AND CREDIT WORTHINESS OF ANY GI FT. THE AO OBSERVED THAT ONLY A GIFT DEED OF RS.8 65 000/- REC EIVED FROM HIS FATHER BUT NO SOURCE OF SAID GIFTS HAVE BEEN FURNI SHED IN SUPPORT OF HIS CLAIM. THEREFORE THE AO ADDED AN AMOUNT OF RS.23 37 150/- TOT HE TOTAL INCOME OF THE ASSESSEE AS UNEXPLAINED CASH CREDIT UNDER SECTION 68 OF THE ACT. 4. ON APPEAL BEFORE THE LEARNED CIT(A) THE ASSESSE E HAS SUBMITTED THAT THE AO HAS NOT GIVEN DATE ON WHICH T HE AMOUNT ITA NO.781/AHD/2012 -3- WAS DEPOSITED IN THE BANK AND ALSO DETAILS OF AMOU NTS DEPOSITED BY CHEQUES AND TRANSFER. THE AO HAS ALSO NOT FURNI SHED COPY OF BANK ACCOUNT RECEIVED FROM AIR AND HAS NOT ASKED TH E ASSESSEE TO FILE COPY OF THE SAID BANK ACCOUNT. THE ASSESSE E SUBMITTED COPY OF THE KMB SB ACCOUNT AND STATED THAT IT SHO WED DEPOSIT OF RS.47 81 512/- INCLUDING SALE PROCEEDS OF SHARES PROCEEDS OF RS.24 96 029/- OF KOTAK MAHINDRA SECURITIES LTD. P ORTFOLIO MANAGEMENT OF THE ASSESSEE AND THEREFORE IT WAS P RAYED THAT THE ADDITION OF RS.23 37 150/- BE DELETED. THE LEARNE D CIT(A) AFTER CONSIDERING SUBMISSIONS OF THE ASSESSEE OBSERVED TH AT THE ASSESSEE WAS IN THE BUSINESS OF TRADING OF INDUSTRI AL ELECTRIC EQUIPMENTS IN THE NAME OF M/S.MAHAVIR ELECTRIC CORP ORATION. THE ADDITION MADE BY THE AO WERE BASED ON THE DEPOS ITS IN THE UNDISCLOSED SAVING BANK ACCOUNT WITH KMB FOR WHIC H THE INFORMATION RECEIVED BY THE AO THROUGH AIR INFORMAT ION. THE FACT OF NON-DISCLOSURE OF THE SAID ACCOUNT WAS NOT DISPUTED BY THE ASSESSEE. THE AO WORKED OUT THE CASH DEPOSIT IN TH E SAID ACCOUNT AT RS.23 37 150/- OUT OF TOTAL CREDIT OF RS .48 81 5112/- AND HELD THAT SINCE THE ACCOUNT WAS NOT DISCLOSED I N THE BOOKS OF ACCOUNT OF THE ASSESSEE SUCH AMOUNT WAS UNEXPLAINE D INCOME AND THEREFORE TREATED AS CONCEALED INCOME OF THE A SSESSEE. THE CIT(A) FURTHER OBSERVED THAT IT WAS CLEAR THAT THE ASSESSEE WAS GIVEN OPPORTUNITY TO EXPLAIN WHY THIS AMOUNT WAS NO T SHOWN IN THE RETURN OF INCOME FILED BY THE ASSESSEE. IN RE PLY TO THE QUERY OF THE AO THE ASSESSEE CONTENDED THAT THE CASH DEP OSITS IN THE ACCOUNT WAS OUT OF GIFT RECEIVED FROM THE ASSESSEE S FATHER AND ITA NO.781/AHD/2012 -4- RELATIVES BUT NO EVIDENCES WERE PRODUCED TO CONFIR M THE SAME. THE CIT(A) OBSERVED THAT THE AO HAD NO OTHER OPTION BUT TO MAKE ADDITION OF THE SAME. THE CIT(A) FURTHER OBSE RVED THAT THE ASSESSEE HAS TRIED TO RECONCILE THE DEPOSITS IN THE SAID UNDISCLOSED ACCOUNT OF THE ASSESSEE. IT IS ON RECORD THAT THE ASSESSEE HAS BEEN ASSESSEE FOR A FEW YEARS NOW AND HE HAS NO REASON T O NOT TO DISCLOSE THE BANK ACCOUNT WHICH THE ASSESSEE HAS P UT TO USE FOR SHARE TRADING AND THAT THE ASSESSMENT ORDER DOES N OT INDICATE THE ASSESSEE HAS SHOWN ANY SHARE INCOME. IT IS ALSO NO TED BY THE LEARNED CIT(A) THAT DURING THE DEPOSITION BEFORE TH E CIT(A) THE COUNSEL OF THE ASSESSEE DID NOT MENTION ABOUT THE D ISCLOSURE OF SHARE INCOME BY THE ASSESSEE IN HIS RETURN AND THE REFORE THE CIT(A) HELD THAT IT WAS PRESUMED THAT THE ASSESSEE HAD TOTALLY KEPT THE SHARE TRADING OUTSIDE THE BOOKS OF ACCOUNT S AND THE MALA FIDE INTENTION OF THE ASSESSEE WAS NOT IN DOUBT. THER EFORE IN THIS BACKGROUND CASE HAS TO BE DECIDED TAKING INTO CONS IDERATION ALL THE RELEVANT FACTS ON RECORD. THE SAVING BANK ACCO UNT WITH KMB MAINTAINED BY THE ASSESSEE WAS THOROUGHLY PER USED AND THE SAID ACCOUNT WAS OPENED WITH RS.5 000/- BY CHEQ UE AND SUBSEQUENT DEPOSITS WERE IN CASH. IT WAS NOTED THAT PECULIARITY IN CASH DEPOSITS WERE MAINLY IN DENOMINATION OF RS.49 990/- AND RS.49 500/- PROBABLY TO AVOID FURNISHING DEPOSITOR S DETAILS TO THE BANK. THE CIT(A) OBSERVED THAT THE SAID SAVING BAN K ACCOUNT WAS USED BY THE ASSESSEE MAINLY FOR PURCHASE AND SA LE OF SHARES AND FOR SUBSCRIPTION OF A FEW IPOS AND THE CASH DE POSITS MADE JUST PRIOR TO THE TRANSACTION EFFECTED. THE CIT(A) HELD THAT ITA NO.781/AHD/2012 -5- SUMMARY OF DEPOSITS GIVEN AS UNDER BY THE LEARNED A R DID NOT ADDRESS THE ISSUE OF UNEXPLAINED CASH DEPOSITS IN T HE ACCOUNT WHICH ARE AS UNDER: SR.NO. RS. 1. DIVIDEND INCOME 495/- 2. CAPITAL ACCOUNT 42 000/- 3. BANK INTEREST 460/- 4. KOTAK SECURITIES LTD. 5 21 720/- 5. SUNDRY DEBTORS 45 000/- 6. MAHAVIR ELECTRONIC CORPN. 6 13 702/- 7. VISHAL SHAH 2 19 000/- 8. RENDRA BAFANA 60 000/- 9. MICRO SYSTEMS 20 000/- 10. KOTAK SECURITIES LTD. IPO 9 21 985/- TOTAL 24 44 362/- THEREFORE THE CIT(A) HELD THAT ON RECHECKING THE C ASH DEPOSITS IT WAS FOUND THAT THEIR WERE 53 IN NUMBER TOTALING TO RS.22 89 1250/- AND HENCE DIRECTED THE AO TO REST RICT THE ADDITION TO RS.22 89 150/-. 5. THE LEARNED AR OF THE ASSESSEE VEHEMENTLY ARGUED AND SUBMITTED THAT THE AO WAS NOT JUSTIFIED IN MAKING A DDITION OF THE ENTIRE CASH DEPOSITS MADE BY THE ASSESSEE IN KMB. IT WAS SUBMITTED THAT IMMEDIATELY BEFORE THE DEPOSITS OF C ASH IN THE ACCOUNT THE ASSESSEE HAD ALSO MADE CASH WITHDRAWAL AND THEREFORE THE SHOULD HAVE BEEN SET OFF AGAINST THE CASH DEPOSITED IN THE BANK ACCOUNT AND ONLY THE ADDITION FOR PEAK CREDIT SHOULD BE MADE BY THE AO. IT WAS THEREFORE SUBMITTED TH AT THE ISSUE SHOULD BE REMANDED BACK TO THE FILE OF THE AO FOR M AKING THE ITA NO.781/AHD/2012 -6- ADDITION OF PEAK DEPOSITORS IN CASH MADE BY THE ASS ESSEE IN THE SAID BANK ACCOUNT. IT WAS FURTHER EXPLAINED THAT T HE ASSESSEE HAD RECEIVED GIFT IN CASH FROM HIS FATHER OF RS.8 65 00 0/- WHO WAS A RETIRED SCHOOL TEACHER AND AS THE GIFT WAS FROM CL OSE RELATIVE HAVING BLOOD RELATION THE SAME SHOULD BE ATLEAST B E TREATED AS GENUINE AND THE ADDITION MADE THEREOF SHOULD BE DE LETED. 6. ON THE OTHER HAND THE LEANED DR FULLY JUSTIFIED THE ORDERS OF THE LOWER AUTHORITIES. 6. WE HAVE HEARD RIVAL SUBMISSIONS AND PERUSED THE ORDERS OF THE LOWER AUTHORITIES AND MATERIAL AVAILABLE ON RE CORD. IN THE INSTANT CASE THE AO MADE ADDITION OF ` 23 37 150/- ON ACCOUNT OF CASH DEPOSIT IN KMB ACCOUNT NO.08332120001672 MADE BY THE ASSESSEE AS THE SOURCE OF THESE DEPOSITS COULD NOT BE EXPLAINED BY THE ASSESSEE. ON APPEAL THE LEARNED CIT(A) REDUCED THE SAME TO ` 22 89 150/- ON THE GROUND THAT ON RECHECKING IT IS FOUND THAT THE CASH DEPOSITS ARE T OTALING TO ` 22 89 150/-. THE LEARNED AR HAS SUBMITTED THAT ADD ITION FOR PEAK CREDIT SHOULD HAVE BEEN MADE BY THE AO. THE LEARNE D DR HAS NOT OBJECTED TO THE SUBMISSIONS OF THE LEARNED AR O F THE ASSESSEE. WE OBSERVE THAT SUCH A CLAIM WAS NOT MADE BEFORE EI THER THE AO OR THE CIT(A) AND HENCE THESE WERE NOT VERIFIED B EFORE MAKING THE ADDITION. IN OUR CONSIDERED OPINION IF EARLIE R WITHDRAWALS FROM THE BANK ACCOUNT COULD HAVE BEEN AVAILABLE AS CASH WITH ASSESSEE THEN THE SAME CAN BE TREATED AS SOURCE OF SUBSEQUENT DEPOSITS IN THE BANK. AS NEITHER OF THE LOWER AUTH ORITIES HAS ITA NO.781/AHD/2012 -7- EXAMINED THE ISSUE FROM THIS ANGLE IT SHALL BE IN THE INTEREST OF JUSTICE TO RESTORE THE MATTER BACK TO THE FILE OF T HE AO FOR RE- ADJUDICATION AFRESH AS PER LAW AFTER ALLOWING REASO NABLE OPPORTUNITY OF HEARING TO THE ASSESSEE. THIS GROUN D OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSE. 7. THE GROUND NO.2 OF THE APPEAL IS DIRECTED AGAINS T THE ORDER OF THE CIT(A) IN CONFIRMING THE ADDITION OF RS.2 99 000/- ON ACCOUNT OF UNACCOUNTED CASH DEPOSITS. 8. THE BRIEF FACTS OF THE CASE ARE THAT THE ASSESSE E HAS SHOWN UNSECURED LOAN FROM THE FOLLOWING THREE PARTIES: 1. MICRO SYSTEM : RS.20 000/- 2. VISHAL SHAH : RS.2 19 000/- 3. RAJENDRA BAFNA : RS.60 000/- TOTAL : RS.2 99 000/- THE AO ASKED THE ASSESSEE TO FILE CONFIRMATION AND SUPPORTING EVIDENCES TO PROVE THE GENUINENESS AND CREDIT WORTH INESS OF THE LOAN CREDITORS. THE ASSESSEE FAILED TO FURNISH THE CONFORMATION OR ANY DOCUMENTARY EVIDENCES IN SUPPORT OF THE CLAIM AND THEREFORE THE AO TREATED THE SAID AMOUNT AS UNEXPL AINED CASH CREDIT UNDER SECTION 68 OF THE ACT AND ADDED TO TH E INCOME OF THE ASSESSEE. 9. ON APPEAL BEFORE THE LEARNED CIT(A) THE ASSESSE E ARGUED THAT THE ASSESSEE HAD RECEIVED THE FUNDS FROM THE T HREE PARTIES AND ITA NO.781/AHD/2012 -8- THE BANK HAS SHOWN THE NAMES OF THE DEPOSITORS AGA INST EACH DEPOSITS. IT WAS SUBMITTED THAT UNLESS THE PAYMENT IS MADE BY CROSS-CHEQUES OR SOME SPECIAL INSTRUMENT OF THE CRE DITORS THE NAME OF THE CREDITOR IS NOT RECORDED. WHEN BANK SH OWED SUCH DEPOSITS IN THE SPECIFIC NAME OF THE DEPOSITOR IDE NTITY OF THE CREDITOR IS TO BE HELD AS PROVED WHEN AGGREGATE AM OUNT OF RS.2 19 000/- APPEARING IN THE BOOKS OF THE ASSESSE E WHEN SUBSTANTIATED BY THE BANK ENTRIES SOURCE OF DEPOSIT IS PROVED. THEREFORE THE IDENTITY GENUINENESS AND CREDIT-WOR THINESS BEING SATISFIED NO ADDITION OF RS.2 19 000/- CAN BE MADE UNDER SECTION 68 OF THE I.T.ACT. IT WAS ALSO SUBMITTED THAT THIS ADDITION CANNOT BE MADE WHEN AN AMOUNT OF RS.2 99 000/- WAS INCLUDE D IN THE ADDITION OF RS.23 37 150/-. THE CIT(A) AFTER CONS IDERING THE SUBMISSIONS OF THE ASSESSEE DISMISSED THE APPEAL O F THE ASSESSEE BY OBSERVING AS UNDER: 6.3 I HAVE CAREFULLY CONSIDERED THE FINDINGS OF TH E AO AND THE SUBMISSIONS MADE BY THE LD.AR. WHILE DEALI NG IN GROUND NO.1 THE FACTS ELUCIDATED THEREIN WAS THAT THIS SB A/C. WAS UNDISCLOSED BY THE APPELLANT AND THE TOTAL INCOME COMPUTATION SHEET FILED ALONG WITH R/I DOES NOT IND ICATE SHARE INCOME BY THE APPELLANT. IT IS NECESSARY TO K EEP THIS FACT IN MIND TO DECIDE THE ISSUE AT HAND. THE AO MA DE ADDITION OF RS.2 99 000/- TREATING AS UNEXPLAINED C REDIT BECAUSE THE APPELLANT FAILED TO SUBMIT CONFIRMATION S FROM THE LENDERS AND ALSO FAILED TO PROVE THE GENUINENES S AND CREDITWORTHINESS OF THE LENDERS. BEFORE ME THE APPE LLANT ONLY MADE A PLEA THAT THE BANK STATEMENTS MENTIONED THE NAME OF THE DEPOSITORS AND THEREFORE THE PARTIES A RE GENUINE AND THEY HAVE CREDITWORTHINESS. THERE ARE T WO PRINCIPAL REQUIREMENTS OF THE PROVISIONS U/S. 68 OF THE ACT I.E I) THE AMOUNT SHOULD HAVE CREDITED IN THE A/C A ND II) THE ITA NO.781/AHD/2012 -9- ASSESSEE OFFERS NO EXPLANATION OR THE EXPLANATION O FFERED UNSATISFACTORY IN THE OPINION OF THE AO WITH REGA RDS TO THE NATURE AND SOURCE OF SUCH DEPOSITS. IN THIS CASE TH E ACCOUNT WHERE THE CREDITS ARE DETECTED ITSELF IS UNDISCLOSE D. THE ID. AR DID NOT SUBMIT ANY CONFIRMATIONS FROM THEM FOR H AVING PAID MONEY TO THE APPELLANT. THE APPELLANT DID NOT FURNISH ANY EXPLANATION ABOUT THOSE PARTIES AND THE PAYMENT DETAIL. THE SOLE ARGUMENT OF ID. AR IS THAT SINCE THE NAMES ARE APPEARING IN THE BANK STATEMENT THE SOURCE OF MONE Y GENUINENESS OF THE TRANSACTION AND CREDITWORTHINESS OF THE PARTIES ARE ESTABLISHED. IN MY HUMBLE VIEW FROM THE BANK STATEMENT SUCH CONCLUSION CANNOT BE ATTEND TO. THE ID. AR FAILED TO SUBSTANTIATE WITH EVIDENCES TO MAKE A CAS E FOR THE APPELLANT. CONSIDERING THE FACTS AND CIRCUMSTANCES OF THE CASE I AM INCLINED TO AGREE WITH THE FINDINGS OF T HE AO. THUS THIS GROUND OF APPEAL IS DISMISSED. 10. THE LEARNED COUNSEL FOR THE ASSESSEE REITERATED THE SUBMISSIONS MADE BEFORE THE LEARNED CIT(A) AND SUBM ITTED THAT NO ADDITION UNDER SECTION 68 OF THE ACT SHOULD BE M ADE BECAUSE THIS AMOUNTS WERE NOT FOUND CREDIT IN THE BOOKS OF ACCOUNTS OF THE ASSESSEE BUT WERE FOUND DEPOSITED IN THE BANK ACCOUNT OF THE ASSESSEE AND THEREFORE THE ADDITION AT BEST COULD HAVE BEEN MADE UNDER SECTION 69C OF THE ACT. ON THE OTHER HAND T HE LEARNED DR SUPPORTED THE ORDERS OF THE AUTHORITIES BELOW. 10. WE HAVE HEARD RIVAL SUBMISSIONS AND PERUSED THE MATERIAL AVAILABLE ON RECORD. IN THE INSTANT CASE THE ASSE SSEE HAS MAINTAINED BANK ACCOUNT WITH KMB BEING ACCOUNT NO . 08332120001672 WHICH WAS NOT DISCLOSED IN THE RETU RN OF INCOME. THE AO OBSERVED FROM THE STATEMENT OF THE SAID BANK ITA NO.781/AHD/2012 -10- ACCOUNT THAT THERE WERE DEPOSITS BY CHEQUE AGGREGAT ING TO ` 2 99 000/- RECEIVED FROM MICRO SYSTEM OF ` 20 000/- VISHAL OF ` 2 19 000/- AND FROM RAJENDRA BAFNA OF ` 60 000/-. AS THE ASSESSEE COULD NOT EXPLAIN THE NATURE OF THE ABOVE TRANSACTION AND CREDIT-WORTHINESS OF THE PERSONS FROM WHOM CHEQ UES WERE RECEIVED THE AO ADDED ` 2 99 000/- AS UNEXPLAINED CASH CREDIT UNDER SECTION 68 OF THE ACT. ON APPEAL THE LEARNE D CIT(A) CONFIRMED THE ABOVE ACTION OF THE AO. BEFORE US T HE LEARNED AR OF THE ASSESSEE SUBMITTED THAT SINCE THE AMOUNTS IN QUESTION WERE NOT FOUND CREDITED IN THE BOOKS OF ACCOUNTS OF THE ASSESSEE BUT IN THE BANK STATEMENT WHICH WAS NOT THE BOOKS OF ACCO UNTS OF THE ASSESSEE INVOCATION OF PROVISION OF SECTION 68 WAS NOT JUSTIFIED. WE AGREE WITH THE CONTENTIONS OF THE ASSESSEE THAT THE ADDITION OF THE AMOUNT UNDER SECTION 68 OF THE ACT IS NOT SUSTA INABLE. HOWEVER AT THE SAME TIME WE FIND THAT THE AMOUNTS IN QUESTION WERE DEPOSITED IN THE BANK ACCOUNT OF THE ASSESSEE AND SOURCE OF THE SAME COULD NOT BE EXPLAINED BY THE ASSESSEE TH E SAME ARE UNEXPLAINED DEPOSIT IN THE BANK ACCOUNT OF THE ASSE SSEE AND SHOULD BE TREATED AS INCOME OF THE ASSESSEE. AS WE HAVE RESTORED THE GROUND NO.1 OF THE APPEAL TO THE FILE OF THE AO FOR RE- ADJUDICATION IN RESPECT OF UNEXPLAINED CASH DEPOSIT IN THE VERY SAME BANK ACCOUNT IN OUR CONSIDERED OPINION IT SH ALL BE FAIR AND REASONABLE TO RESTORE THIS ISSUE ALSO BACK TO THE F ILE OF THE AO WITH SIMILAR DIRECTIONS AND WITH FURTHER DIRECTIONS THAT THESE AMOUNTS SHOULD ALSO BE TREATED AS OF THE SAME NATUR E AS CASH ITA NO.781/AHD/2012 -11- DEPOSIT. THIS GROUND OF THE APPEAL OF THE ASSESSEE IS ALSO ALLOWED FOR STATISTICAL PURPOSE. 5. IN THE RESULT APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSE ONLY. ORDER PRONOUNCED IN OPEN COURT ON THE DATE MENTIONE D HEREINABOVE. SD/- SD/- (( /MUKUL KR. SHRAWAT) /JUDICIAL MEMBER . .. . . . . . ! ! ! ! /N.S. SAINI '# '# '# '# /ACCOUNTANT MEMBER C OPY OF THE ORDER FORWARDED TO: 1) : APPELLANT 2) : RESPONDENT 3) : CIT(A) 4) : CIT CONCERNED 5) : DR ITAT. BY ORDER DR/AR ITAT AHMEDABAD