9911796707
TMI Blog2014 (7) TMI 123X X X X Extracts X X X X X X X X Extracts X X X X ..... relief against6 additions made by the AO on the assumption of "law household expenses" on the basis of surmise and presumption in impugned assessment order passed by the AO. [2] On the acts and in law, learned CIT(A) has erred in sustenance of impugned additions of Rs. 17,126/- made by the Assessing Officer while passing impugned assessment order for credits in Bank accounts of other persons." 2. Brief facts are that the assessee is an individual and is residing along with his mother and younger brother. The assessee has become major on 28-3-2003 and was staying with his mother and younger brother in a small house. Since, the assessee did not had any income, therefore, no return of income has been filed for the assessment year 2003-2004. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sessee to establish that these bank accounts did not belong to him and in absence of any explanation, he added the total credit amount of Rs. 17,126/- in the said two bank accounts under Section 69A. 3. In the first appeal, regarding estimation of low household withdrawals, the assessee submitted that during the relevant assessment year, he was minor and was staying with his mother, who was running a private Tiffin and lodging services and was supplying home made foods to various people in a very small price. It was submitted that sum of Rs. 25,000/- was contributed by his mother and sum of Rs. 6000/- was made by him. Without there being any contrary material on record, such an addition was not called for. Learned CIT(A) partly accepted th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... belong to the assessee at all and the assessee has denied at the first instance before the Assessing Officer and the Assessing Officer has failed to make any enquiry from the bank. On the other hand, learned DR relied upon the findings given by the CIT(A). 5. We have carefully considered the rival submission and also perused the material on record. So far as the addition on account of low household withdrawals, it is seen that CIT(A) as well as the Assessing Officer has not denied the fact that the assessee was a minor in the relevant financial year and he became major only on 28-3-2003. He was staying with his mother, who was managing the house by preparing tiffin and home made food for the various persons. There is no further material or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s. In our opinion, the authorities below should have made such an enquiry when the assessee has categorically denied the ownership of the bank account. It is true that under Section 292C, onus is upon the assessee to prove that any asset or books of accounts etc. found from the possession of the assessee, the presumption is raised against the assessee. However, the assessee has clearly stated that the bank officials have refused to divulge the information about the clients. In such circumstances, the Assessing Officer should have carried out the enquiry from the said banks. Therefore, in the interest of justice, we feel that this issue should be restored back to the file of the Assessing Officer, who will make enquiry from the said ba ..... X X X X Extracts X X X X X X X X Extracts X X X X
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