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2020 (2) TMI 351 - AT - Income TaxAddition u/s 69A in respect of the deposits in bank account AND cash deposits in bank account - HELD THAT:- Both the authorities below have neither considered the documents filed by the assessee nor has taken into consideration the submissions of the assessee properly. The CIT(A) has himself in para 4.7 has mentioned that in the course of present proceedings the assessee filed certain additional evidence with regard to the sources of cash in hand, opening balance of cash, gifts received in cash of ₹ 1. lac from Smt. Harjinder Kaur, mother of the assessee and also a gift of ₹ 1 lac in cash from Sh. Sukhraj Singh, brother of the assessee. We have also carefully perused the findings of the AO as well as the observations made by the CIT(A) and found that the documents filed by the assessee are necessary for examination of the sources of deposits made in cash and forwarded to the AO for remand report, then it is the duty of the AO to examine the documents and give report properly. As per the ld. AR the affidavit for the gift given by mother and real brother as being out of their savings and the gifts received from family members out of their savings. Documents filed by the assessee are necessary for examination of the sources of deposits made in cash and forwarded to the AO for remand report, then it is the duty of the AO to examine the documents and give report properly. As per the ld. AR the affidavit for the gift given by mother and real brother as being out of their savings and the gifts received from family members out of their savings. Ld. AR of the assessee also tried to justify the cash deposit into his bank account as quoted supra by way of his written submission. Issue needs verification and examination on the part of the AO after considering the submissions of the assessee and the documents to be furnished by the assessee. Needless to say, the assessee shall be given reasonable opportunity of being heard. The assessee is also directed to cooperate with the AO for early disposal of the case and substantiate his claim properly. - Appeal of the assessee is allowed for statistical purposes.
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