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2021 (9) TMI 1082 - AT - Income TaxAddition u/s. 69A r.w.s. 115BBE - cash deposits in bank account - assessee argued that notice u/s. 143(2) was issued by the wrong Assessing Officer - HELD THAT:- As during the course of hearing, no contention with regard to the above said issue was raised, hence, the ground relating to the technical issue that no notice u/s. 143(2) was issued by the correct Assessing Officer is rejected. Addition u/s 69A - There was no unexplained asset or investment unearthed by the department. The assessee had filed cash flow statement and also cash book for the period 01.04.2013 to 13.11.2016 before the A.O. It is an admitted fact that the assessee's grandmother is suffering from cancer. Evidence for the cancer treatment for assessee's grandmother is placed on record - in all probabilities, some amount of cash would have been kept by the assessee to meet the medical emergencies. In facts of the case, the credit of ₹ 1,50,000 given by the CIT(A) is insufficient. I direct the Assessing Officer to grant a further credit for a sum of ₹ 3.5 lakh being cash deposit out of past withdrawals. In other words, the A.O. is directed to tax u/s. 69A r.w.s. 115BBE of the I.T. Act, a sum of ₹ 4 lakh. Therefore, the sum of ₹ 5 lakh is treated as explained being cash deposit out of withdrawals made in the past. Appeal filed by the assessee is partly allowed.
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