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TMI Blog2013 (12) TMI 1406X X X X Extracts X X X X X X X X Extracts X X X X ..... nst the order of the CIT(A)- XIX, Kolkata dated 15th December, 2010 for the assessment year 2006-2007. 2. The only issue involved in this appeal relates to the sustenance of addition of Rs.1,89,640/- by the CIT(A) as unexplained cash deposit under the head 'Income from Other Sources'. 3. Brief facts relating to this case are that the AO noticed that the assessee has deposited a sum of Rs.4 lakhs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... istrict of Burdwan. The agricultural receipt is mainly in cash received from the agricultural land tillers on sharing basis. During the four assessment years 2003-04 to 2006-07, the net agricultural receipts were Rs.4,93,410/- and out of that a sum of Rs.4 lakhs was deposited in the bank during the year under consideration. Being an individual, the assessee is not required to maintain the books of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r of the CIT(A). If the assessee can earn agricultural income during the year under consideration, in our opinion, it can not be presumed that the assessee would not have earned the agricultural income in the earlier year as has been contended by the assessee, i.e. during the assessment years 2003-04 to 2005-06. Now, the only question arises whether the assessee was keeping this cash with him or n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat extent the Revenue has allowed the credit to the assessee, while accepting the course of the deposit of Rs.4 lakhs to the extent of Rs.2,10,360/-, it cannot be denied that the assessee was not having any opening cash in hand. Under these circumstances, we estimate opening cash in hand to the extent of Rs.1 lakh to be the reasonable and justified and accordingly delete the addition of Rs.1 lakh ..... X X X X Extracts X X X X X X X X Extracts X X X X
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