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2016 (11) TMI 1298 - AT - Income TaxAddition of unexplained cash deposits in Bank Account - Held that:- In case cash was available with the assessee out of withdrawals made from the bank account, where was the necessity to draw ₹ 1000/- to ₹ 2000/- from day-to-day and even on one particular day, the withdrawal of money by two or three different transactions through ATM. The assessee has deposited sum of ₹ 50,000/- on 26.03.2007 and further sum of ₹ 30,000/- on 30.03.2007, before depositing sum of ₹ 14,600/- on 05.02.2007, against which there were no cash withdrawals in intervening dates. The availability of cash in the hands of assessee in these circumstances is thus, doubted except as referred in the paras above that the assessee had made cash withdrawals of ₹ 15,000/- on 05.06.2006 and ₹ 16,000/- on 09.06.2006, which can be said to be available with the assessee. Coming to the second stand of assessee that the source of cash deposit in the bank account is out of withdrawals made by the husband of assessee. The assessee has filed on record the bank statement of her husband. Undoubtedly, there are cash withdrawals from the said bank account but the withdrawals are similarly made by her husband in the range of ₹ 2000/- to ₹ 5000/- and on some occasions higher withdrawals of ₹ 10,000/- to ₹ 15,000/- has been made. However, the explanation filed by the assessee cannot be accepted in the entirety as the household expenses are also to be met out of withdrawals made by the assessee and her husband. Accordingly, the plea of the assessee is accepted to the extent of availability of cash of ₹ 1 lakh from her husband. Further, sum of ₹ 31,000/- out of withdrawals from the account of assessee is accepted and addition to that extent is deleted. However, the addition to the extent of ₹ 69,900/- is confirmed. - Decided partly in favour of assessee
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