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2021 (11) TMI 38 - ITAT CUTTACKAddition under the head "conveyance allowance" - AO is of the view that the appellant is eligible for exempt conveyance allowance - HELD THAT:- As per circular No. 6/2004 dated 6.12.2004, the assessee-individual is entitled to deduction of ₹ 9600/- per year with regard to conveyance allowance. In this case, the assessee has claimed ₹ 36,649/-, which is not in accordance with the CBDT circular. Therefore, we concur with the findings of ld. CIT(A) in confirming the disallowance. This ground of appeal is dismissed. Addition of interest income - HELD THAT:- Assessee had deposited of ₹ 3,00,000/- as fixed deposit and has shown ₹ 1,00,000/- in the return of income. Therefore, the AO calculated the interest income of ₹ 18,000/- on the fixed deposit of ₹ 2,00,000/- and added to the total income of the assessee. We also observe that during the appellate proceedings, the ld. A.R. of the assessee accepted the addition and same was confirmed. If this is the position, there was no necessity to agitate the issue before the Tribunal. Hence, we confirm the addition and this ground of appeal is dismissed. Unexplained cash deposits and cheque deposits in bank account - undisclosed sources of income - HELD THAT:- AO has not considered the facts of the assessee on right perspective and added the cash collected by him to his income and part of the cheque collection has been allowed. When one part of collection of loan instalment has been allowed being receipt through cheque then other part cannot be disbelieved and disallowed merely because it was cash deposit. It is also not necessary that any other additional positive material should be produced by the assessee in order to discharge this burden which rests upon him. The assessee may claim to have discharged the burden by relying on the material which is on record by filing a letter dated 7.11.2016 asking the employer to intimate the collection and deposit, irrespective of whether it is complied by the employer or not. If it can be said on a preponderance of probabilities that the failure to give the collection and deposit by the employer has not arisen on account of any fraud or any gross or wilful neglect on the part of the assessee - thus direct the AO to delete the addition.
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