9911796707
TMI Blog2012 (7) TMI 267X X X X Extracts X X X X X X X X Extracts X X X X ..... -received from Shri Sunder Singh Chauhan and Sh. Sandeep Negi . 2. That the learned C. I.T. (A) IS not justified in confirming addition of Rs.5,01,000/- on account of Cash Deposit on 24-05-2007 in UCO Bank, Sangrah. 3. That any other ground of appeal which may be advanced" 3. In the course of present appellate proceedings, ld. 'AR' contended that the gifts have been made by the relatives of donors, and not the strangers. The donors had filed affidavits, the contents of which are self-explanatory, in nature. In view of this, the gifts have been made by the relatives of the donee, and such donors duly explained the source of such gifts. Further, statements of the donors support the case of the assessee. 3( i ) Ld. 'DR' placed relia ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he gift has been stated as agricultural income. It is stated in the said affidavit that Shri Ved Parkash Thakur is my elder sister's husband. 5( ii ) These affidavits are at page 19-20 and 24-25 of the Paper Book, filed by the assessee. 6. The ld. CIT(A) has upheld the addition on the ground that the affidavits from donors are totally non-committal with the dates that so called gifts were given to the appellant. A perusal of the affidavits reveal that the gifts had been made during the period 1.4.2007 to 31.3.2008. These affidavits cannot be brushed aside so lightly, unless there is corroborative evidence, to dislodge the deposition made therein. The Hon'ble Supreme Court, in the case of Mehta Parikh Mehta & Co. V CIT (1956) 30 ITR 181 (S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... awal f rom PNB and the deposit in the UCO bank and a lag of more than a month and a half between the first withdrawal from the PNB and the deposit in the UCO Bank. A perusal of the account with the UCO bank also belies the appellant's claim that he used to frequently withdraw the cash from his account with PNB and deposit the same with UCO bank for business purposes. In fact in the account with the UCO bank, almost al l the major credit entries are by way of transfer and not by way of cash deposit. The only two major cash entries are the two questioned by the Id. A.O. Thus the appellant has actually not been able to furnish any direct evidence in support of his claim that the deposit of Rs.5,01,000/- was from the cash withdrawn more than a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ount , where his business receipts were credited and deposited in another bank account . There is small gap of time in the withdrawal and deposits of such amounts. The addition has been upheld on the ground that there is no evidence to support the content ion of the assessee. The amount was deposited after withdrawal from the bank account , after a gap of one month. 11. Having regard to the explanation submitted by the assessee, and the relevant pages of the Paper Book, containing withdrawal and deposits of amounts, from the relevant bank accounts, i t is evident that no findings can be sustained on the ground of gap of one month, between withdrawal and deposit , in such transact ions. Therefore, having regard to the relevant records and e ..... X X X X Extracts X X X X X X X X Extracts X X X X
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