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2022 (10) TMI 710 - ITAT CHANDIGARHUnexplained cash deposits in bank account - argument that there were past savings which were pooled in and collected and deposited keeping the purpose for which the assessee was working to achieve the claim - Appellant is a low educated person doing petty labour jobs and not usual with the legal proceeding under the Income Tax Act and the non-compliance of the notices was not a deliberate act of the Appellant - HELD THAT:- Circumstances consistently available on record that the benefit of past savings of the assessee's family consisting of assessee's wife; two educated daughters and educated son rejected by the AO and sustained by the CIT(A) cannot be upheld looking at the target which the assessee was aspiring for i.e. sending his daughter abroad for further studies. Looking at his background, it was a salute worthy ambition. The wife of the assessee as per pleadings before the AO also was working in other persons’ households; one Post Graduate daughter was giving tuitions and another Post Graduate daughter was in private employment and the educated son was also gainfully employed. Accordingly, the argument that there were past savings which were pooled in and collected and deposited keeping the purpose for which the assessee was working to achieve the claim has been discarded without any basis except the reasoning that ít is very/highly improbable that such a huge amount can would be lying with him idle. Therefore, the assessee's contention is not acceptable”. Keeping in view the purpose for which the assessee was working hard, the claim was justified on facts. Accordingly, the respective orders are set aside and Page addition is directed to be deleted. Said order was pronounced in the Open Court at the time of hearing itself. Appeal of the assessee is allowed.
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