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2018 (7) TMI 284 - AT - Income TaxAddition u/s 68 - joint-bank account - amount deposited in the bank account attributable / belongs to the assessee or family members - gift from the father - Held that:- In the present case, no other credit, apart from ₹ 49 lac deposited cash on 22.10.2008, has been attributed to the assessee. Further, of the said ₹ 49 lacs, ₹ 41 lacs stands distributed/gifted by the assessee’s father equally (almost) among his six daughters. Only a father would do so and, impliedly, qua his own property. The unmistakable inference that arises is that the said amount belonged to the assessee’s father. Irrespective of whether the source thereof has been satisfactorily explained by the assessee or not, and which we categorically find as not, the same cannot be deemed as the assessee’s income; the assessee having led sufficient evidence to show that the same did not belong to her, but, in all probability, to her father, with she being, in fact, one of the beneficiaries of the said sum, i.e., along with her other siblings. This, we may add, is also the sum and substance of the impugned order. The addition for ₹ 49 lacs, therefore, as in the case of the assessee’s sister needs to be deleted. With the sum of ₹ 1 lac deposited cash in the assessee’s HDFC Bank account, which does not appear to be a joint account. The source thereof is explained to be the income of the assessee’s husband, Sh. Jagwinder Singh, stated to be an agriculturist. No evidence toward the same, however, has been brought on record by the assessee at any stage. We observe that though the assessee raised this issue as well before the CIT(A), he has not adjudicated thereon. The same, therefore, cannot form the subject matter of the Revenue’s appeal before us. Not surprisingly, no arguments in its respect were urged before us
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