Rohit Mishra, Vadodara vs The Income Tax Officer, Ward-1(2)(2), ... on 14 May, 2024
17. We have also taken the note of the fact that CIT(A) has not examined
the genuineness of the expenditure. Ld. CIT(A) has not considered the
linkage of cash deposit with legitimate business of the assessee and has
confirmed the addition u/s. 69A by accepting the correct amount of cash
deposit. We therefore set aside the order of Ld. CIT(A) with a direction to
ITA No. 879 /Ahd/2023
Rohit Mishra vs. ITO
Asst. Year : 2015-16
6
the assessing officer that a fresh assessment be made after due verification
whether the return is filed in accordance with the provisions of section
44AD, as claimed by the counsel of the assessee. It is also directed that the
effect of all allowable expenditure as claimed by the assessee be given at the
time of such fresh assessment.