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2021 (6) TMI 201

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..... has made the addition in the hands of the assessee of interest income from an A/c with HSBC held by the assessee jointly with her husband which was opened by his employer to deposit his salary income. Therefore, it is not an undisclosed foreign a/c of the assessee and therefore, the exception (d) to the circular will not apply. Therefore, this M.A is dismissed. - M.A. No.8/Hyd/2020 (Arising out of ITA No.931/Hyd/2015) - - - Dated:- 28-5-2021 - Smt. P. Madhavi Devi, Judicial Member AND Shri Laxmi Prasad Sahu, Accountant Member For the Assessee : Sri Mohammed Siddiq Ali For the Revenue : Sri Rohit Mujumdar, DR ORDER PER SMT. P. MADHAVI DEVI, J.M. This M.A.is filed by the Revenue u/s 254(2) of the .....

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..... sustained the addition of ₹ 15,52,244/- made on account of unexplained credits in bank account and had given combined relief of ₹ 93,61,356/- . 3. Aggrieved the department filed appeal before the ITAT and the ITAT vide combined order dated 23.08.2019 dismissed the appeal of Revenue on account of low tax effect (₹ 27,08.767/-) with liberty to the Revenue to seek recall of the order, if the appeal falls within the exceptions mentioned in the CBDT Circular No.03/2018 dated 11.07.2018 and Circular No.17 /2019 dated 08.08.2019. 4. The tax effect is ₹ 27,08,767/- which is less than the prescribed monetary limit of ₹ 50,00,000/-. However, the case falls under exception(d) mentioned in Para No.10 of the C .....

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..... y earned interest income therefrom. 3. The learned Counsel for the assessee further submitted that the CIT (A) has granted relief to the assessee on the ground that the assessee is only a housewife and did not have any independent source of income and that the estimated interest income from HSBC A/c needs to be considered in the hands of the assessee s husband and as he had admitted that the a/c was opened by his employer to credit his salary income. She also drew our attention to the assessment order in the case of assessee s husband wherein the Assessing Officer, after verification of the information, has accepted the return filed by the assessee s husband. Therefore, according to the learned Counsel for the assessee this M.A is not .....

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