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2019 (6) TMI 302 - ITAT DELHIUnexplained cash deposited in the Bank account - HELD THAT:- The assessee has given an explanation regarding total cash deposit in the Bank Account. The assessee also explained that out of the total transactions and total cash deposit in the Bank account, there is still amount left for house hold expenses. The explanation of assessee was not found to be incorrect. The assessee further explained that he has salary and consultancy income which have been shown in the return of income. Whatever income have been shown in the return of income is available to the assessee to explain the cash deposited in the Bank account, therefore, there was no justification to restrict the addition, accordingly, set aside the Orders of the authorities below and delete the addition - Decided in favour of assessee. Cash deposit being made out of sale of car - A.O. observed that assessee filed affidavit of the purchaser of the car which has neither been signed by the witness or Oath Commissioner and the R.C. is still in the name of the assessee showing the ownership - CIT(A) did not accept the contention of assessee because car is not transferred in the name of the purchaser - HELD THAT:- The assessee explained that car is sold for cash of ₹ 3,21,900/- to Shri Parvender Singh who has executed an affidavit in favour of the assessee, confirming the purchase of the Car. The A.O. did not examine the deponent of the Affidavit. A.O. did not dispute the amount withdrawn by him from his Bank account. Thus, sufficient cash is available with the purchaser to purchase the car. A.O. doubted the explanation of assessee because Affidavit is not attested by the Oath Commissioner and that registration of the Car is still in the name of the assessee. It generally happens in case of purchaser of motor vehicle, purchaser did not get the vehicle transferred in their name for a longer time. If A.O. was having any doubt over the transaction, he could have summon the purchaser of the car and record his statement to verify the facts. However, no inquiry have been done in the matter. Therefore, there was no justification to disbelieve the explanation of assessee. A.O. did not make any effort to verify whether car was still in possession of the assessee. In this view of the matter, set aside the Orders of the authorities below and delete the addition - Decided in favour of assessee.
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