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2012 (10) TMI 153 - ITAT, AGRAUnexplained money u/s. 69A - amount deposited in the bank account - CIT(A) deleted the addition - Held that:- As applying the test as decided in CIT Vs Shri Durga Prasad More (2004 (3) TMI 59 - PUNJAB AND HARYANA HIGH COURT) that the Courts and Tribunals have to judge the evidences before them by applying the test of human probabilities after considering the surrounding circumstances to the facts and circumstances of the case, it is clearly established that the assessee has failed to explain the source of cash deposited by her in her bank account with Bank of Rajasthan Ltd. at Dehradun. It may also be noted that power of attorney holder has no better title than the title held by the owner of the property. The Attorney acts on behalf of the owner. Since no possession was given to the Attorney in this case, therefore, the findings of the CIT(A) for transfer of property is wholly irrelevant and are not sustainable in law. The showing of capital gains, in AY 2004-05 has, thus, no relevance for deciding the matter in issue. The ld. CIT(A) on wholly irrelevant consideration and without having any evidence to explain the source of cash deposited by assessee wrongly deleted the additions. Thus there is no question of reducing the addition as per alternate contention of the assessee - in favour of Revenue. Unexplained gift - CIT(A) deleted the addition - Held that:- The assessee failed to prove creditworthiness of the donor and genuine gift in the matter - Despite the donor was maintaining the bank account, no amount was withdrawn from the bank account for giving gift to the assessee - The assessee in the case of the donor also explained that Smt. Sita Devi, Attorney holder sold the land for a consideration of Rs.4,62,000/- in assessment year 2004-05 out of which the donor realized amount of Rs.1,00,000/- and gave it to the assessee as gift, but why the cash was kept for a long period without depositing in the bank account of the donor, was not explained, would also a point to the effect that it was not a genuine gift in the matter. The CIT(A) wrongly deleted the addition of Rs.1,00,000/- - in favour of Revenue.
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