TMI Blog2010 (7) TMI 787X X X X Extracts X X X X X X X X Extracts X X X X ..... be taken to said findings. - IT APPEAL NO. 209 OF 2010 - - - Dated:- 21-7-2010 - ADARSH KUMAR GOEL AND AJAY KUMAR MITTAL, JJ. Vivek Sethi for the Appellant. JUDGMENT Ajay Kumar Mittal, J The Revenue has approached this Court under Section 260-A of the Income-tax Act, 1961 (in short "the Act") and has prayed that the following substantial questions of law arise in this appeal for the consideration of this Court, from the order of the Income-tax Appellate Tribunal, Chandigarh Bench 'A', Chandigarh, (for short "the Tribunal") passed on 28.5.2009, in Income-tax Appeal No. 147/CHD/2009 for the assessment year 2000-01: "1. Whether on the facts and in the circumstances of the case, the Hon'ble ITAT is justified in deleting ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sum of Rs. 14,22,837/-. The Revenue challenged the order of the CIT (A) before the Tribunal, by filing ITA 147/Chd/2009 whereas, assessee preferred ITA No. 182/Chd/2009. The Tribunal affirmed the order of the CIT (A) and dismissed both the appeals vide order dated 28.5.2009. 4. We have heard learned counsel for the appellant and have perused the record. 5. The Assessing Officer had made addition of Rs. 7,72,837/- on the basis of the fact that the assessee had not been able to explain the credit of that sum in her bank account. An addition of other sum of Rs. 12,50,000/-was made on the ground that the assessee had not explained the source of that sum that was shown to have been advanced to Surjit Singh and two others. As noticed ear ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n in the family to look after him and further she herself having suffered from depression etc. the additional documents which are just corroborating the factual position already stated in the statement dated 27.4.2002 and the evidence which goes to the root of the issue in hand and is very much relevant to impart substantial justice are admitted. Coming to the merits of the case, as far as the credits of Rs. 1,50,000/- and Rs. 6,22,837/- on 5.4.1999 and 7.5.1999 respectively, in the bank account No. 121 in Canara Bank are concerned, it has been consistently stated that these documents were received on account of maturity of certain policies from Peerls Green Forest Ltd., New Delhi. The amounts are shown to be received by cheque as per the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... w that the assessee has not explained the source of Rs. 12,50,000/-, consequently, it was treated that the amount has escaped assessment, consequently added as unexplained income of the assessee. On appeal, the learned first appellate authority found that the loan of Rs. 6 lakh paid to Shri Surjit Singh is not explained, consequently, the addition to this extent was confirmed and the remaining amount of Rs. 6,50,000/- was deleted which is under challenge by the Revenue before the Tribunal. We have found that out of total loan of Rs. 12,50,000/-, the amount of Rs. 6,50,000/- was paid from same bank account No. 121 vide cheque No. 31306 dated 6.4.1999 and 10.5.1999 respectively. Even otherwise, it is not the case that the learned first appell ..... X X X X Extracts X X X X X X X X Extracts X X X X
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