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2012 (8) TMI 63 - AT - Income TaxTaxability of Income - income of deceased husband was taxed in the hands of his wife - Held that:- The date of death of “KKP” late husband of the assessee ” is 8.3.1999 and the receipts of the monies were by “KKP” during his lifetime and there is no evidence or material brought on record to suggest that the assessee (the widow) has ever received these amounts of monies - The assessee as well as her late husband are clearly separate legal entities, assessable to tax separately. If any action was called for, the department should have initiated the same in the hands of the late “KKP” through his legal heirs and not in the personal assessment case of the widow of the deceased - the balance addition of Rs.5,98,568/- is also not maintainable since there is no material brought on record by the Revenue to suggest that the amount relates to the assessee and was in the nature of the income in the hands of the assessee - decided in favour of assessee. Addition of Rs.65,000/- made only on the basis of two receipts in the name of the assessee found from the premises of the third party - Held that:- AO has wrongly mixed up Shreeji Corporation and Shivshakti Consultancy which are distinct and separate entity and the assessee has no connection with them as she was neither a shareholder nor director of the above entities - AO has not examined the office bearers of the said two entities - in the absence of any evidence brought on record to show that the amount belongs to the assessee, no addition on this count could be made - in favour of assessee. Addition of Ras.3,31,215/- in the hands of the assessee as the scheme Kana Apartment - Held that:- From a perusal of the details of the amounts alleged to have been received from “kana” scheme launched by late husband of the assessee, “KKP”, all the payments totaling to Rs.3,31,215/- related to the period prior to 8.3.1999, the date of death of husband of the assessee, no action for the payments during the life time of the husband of the assessee could be made in the individual assessment of the assessee - in favour of assessee. Addition of Rs.4,76,000/- various amounts deposited in bank account - Held that:- Assessee has tried to explain the source by giving a general explanation that it is out of agricultural income earned by the assessee but has not shown any evidence of having agricultural income and nexus between the income and the deposits made in the bank account, thus sustain the addition of Rs.3,54,500/- on account of entries in the bank accounts with the SBI out of total addition of Rs.4,76,000/- for which assessee has given satisfactory explanation - Partly in favour of assessee. Addition of Rs.1,24,000/- deposited in various accounts consist of small amounts of deposits made in the names of sons and daughters of the assessee, for which no adverse view could be taken in the hands of the assessee. There is no material brought on record to suggest that the amounts belonged to the assessee, and accordingly addition made is deleted - in favour of assessee. Addition of Rs.15,85,000/- made on the basis of a small telephone diary which was not books of accounts nor a document before confirming such amounts the identity of the said persons was not established in this case - pre-dominance of probability was in favour of the assessee as there is no corroborative evidence placed on record to suggest that the figures mentioned in the column found was in fact the income of the assessee - favour of assessee. CIT(A)deleted the addition of Rs.2,00,000/- made on account of unaccounted receipts - Held that:- Assessee has claimed that the cheques in question found at the time of search were seized by the department is still lying with them and could not be encashed till date and since money was never transferred to the account of the assessee, no addition could be made in the hands of the assessee - in favour of assessee. Addition of Rs.91,400/- made on account of undisclosed rental income - CIT(A) deleted the addition - Held that:- Revenue could not controvert to the submissions of the assessee that the amount in question has already taxed in the hands of the firm and therefore, the same could not be taxed in the hands of the assessee even on protective basis - in favour of assessee. Deletion of the surcharge levied u/s.113 as directed by CIT(A) - Held that:- Issue is covered in favour of the Revenue by the decision of Hon’ble Supreme Court in the case of CIT Vs. Suresh N. Gupta [2008 (1) TMI 396 - SUPREME COURT]
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