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2023 (8) TMI 1418 - ITAT DELHIAddition u/s 68 - delay in sending the money to Delhi and deposits in amounts less than Rs. 50,000/- - assessee vehemently stated that the addition cannot be made u/s. 68 of the Act in as much as assessee does not maintain any books of account and the cash was found to be deposited in the bank account, therefore, provisions of section 68 of the Act do not apply - HELD THAT:- There is no dispute that some land was sold at Meghalaya in 1989 for a consideration of Rs.24.50 lacs. It is also not in dispute that the sale consideration was kept by the cousin brother of the assessee at Meghalaya. What is not understandable and is beyond the human probability that the brother of the assessee kept such a huge amount at Meghalaya since 1989 till 2006. It is also not understandable nor it has been proved before any authority including us as to how such a huge amount travelled in cash from Meghalaya to Delhi. The logic behind deposit of cash of Rs. 49,000/- each time in the bank account is also not justified. To sum up the factual matrix is not commensurate with the human probability. On such unbelievable facts the additions cannot be deleted merely on technical ground that the AO mentioned section 68 instead of section 69 of the Act. The peculiar facts of the case discussed here in above do not justify any relief on this count. The appeal of the assessee is dismissed.
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