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M. Geetha Rani Versus Income Tax Officer

2015 (6) TMI 30 - ITAT HYDERABAD

Addition on cash deposited in bank - Held that:- In the present case, observations made in the assessment order as well as in the order of ld. CIT(A) clearly demonstrate that assessee has not been able to establish the fact that deposits of ₹ 60 lakhs were either offered as income by Smt. Baddam Kalavathy or was assessed in her hands. Even before this forum also, apart from a copy of letter dated 14/12/2011 claimed to be of Smt. Kalavathy, assessee has not been able to prove the fact that .....

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ddition, in our view, is justified - Decided against assesse. - ITA No. 711/Hyd/2013 - Dated:- 1-4-2015 - Shri B. Ramakotaiah And Shri Saktijit Dey JJ For the Appellant : Shri V. Raghavendra Rao For the Respondent : Shri Rajat Mitra ORDER Per Saktijit Dey, J.M.: This appeal by assessee is directed against the order dated 20/02/2013 passed by ld. CIT(A)-II, Hyderabad for the AY 2009-10. 2. The only issue involved in the present appeal is with reference to addition of an amount of ₹ 60 lakhs .....

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t No. 129510025020748 - Andhra Bank, Attapur Branch 3. SB Account No. 01/00019264 - Andhra Bank, Nampally Branch. When AO called upon assessee to explain the source of cash deposits made in the bank accounts, assessee submitted, all the transactions including cash deposits in the bank accounts were relating to Smt. Baddam Kalavathy and the said person has also admitted the same before AO in course of her assessment proceeding and accordingly these deposits/withdrawal in the bank accounts were co .....

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ncerned AO, who assessed Smt. Baddam Kalavathy and as stated by AO, the concerned AO i.e. ACIT, Central Circle - 1, vide letter dated 07/12/2011 confirmed that cash deposits in SB A/c of Bank of India, Attapur and Andhra Bank, Attapur Branch have been considered at the hands of Smt. Baddam Kalavathy while completing assessment u/s 153A of the Act. However, AO observed that as far as bank account in Andhra Bank, Nampally Branch is concerned, the concerned ACIT, Central Circle - 1 did not confirm .....

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in Andhra Bank, Nampally Branch and whether it has been considered at the hands of Smt. Baddam Kalavathy. Therefore, AO treating cash deposits of ₹ 60 lakhs made into the SB A/c Andhra Bank, Nampally Branch as unexplained added the same to the income of assessee. Being aggrieved of such addition, assessee preferred appeal before ld. CIT(A). 4. In course of hearing of appeal before ld. CIT(A), assessee reiterated the submissions made before AO. Ld. CIT(A) after considering the submissions .....

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ls of the bank accounts and what amounts were taken into account for the purpose of the assessment before the ACIT, Central Circle -1. I have been furnished and the very fact that the ACIT, Central Circle - 1, vide letter dtd. 07/12/2011 confirmed that the cash deposits in the savings bank accounts of Bank of India and Andhra Bank, Attapur Branch have been considered in the assessment u/s 153A of Smt. B. Kalavathy clearly shows that the amounts appearing in the savings bank account of the appell .....

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ent and not owning up the amount appearing in this particular account shows that the amount of ₹ 60 lakhs appearing in account No. 01/00019264 with Andhra Bank, Nampally branch is unaccounted and therefore has to be taxed in the hands of the account holder i.e., the appellant. Accordingly, the addition made by the AO of ₹ 60 lakhs towards unexplained cash deposit remained unexplained and is therefore confirmed. 5. Ld. AR submitted before us, during the assessment proceeding assessee .....

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two SB A/cs. to be correct, there is no reason why assessee s explanation in respect to the remaining account should not be accepted. It was submitted, only because there is no reference to the said bank account either in the assessment order or the explanation submitted by Smt. Baddam Kalavathy it will not follow that the amount was not assessed at the hands of Smt. Baddam Kalavathy. Ld. AR submitted, in fact, during the assessment proceeding of the present assessee, Smt. Baddam Kalavathy confi .....

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all any addition is warranted, it should be made at the hands of Smt. Baddam Kalavathy and not assessee. In support of such contention, ld. AR relied upon the following decisions: 1. CIT Vs. Durgaprasad More, 82 ITR 504 2. CIT Vs. P.K. Noorjahan, 237 ITR 570 3. Dwarkadhish Sugar Industries Vs. ITO 23 Taxmann.com (TM) Ld. AR also relied upon the Third Member decision of ITAT, Delhi Bench in case of Zuari Leasing & Finance Corpn.Ltd. Vs. ITO, [2008] 112 ITD 205 (Delhi)(TM) to submit that the .....

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mitted before us, there is nothing on record to suggest that the deposits made in the Andhra Bank, Nampally Branch account were offered by Smt. Baddam Kalavathy at her hand in her assessment proceeding. He submitted, as assessee has failed to bring any material on record to prove this fact, addition made is justified. 7. We have considered the submissions of the parties and perused the orders of revenue authorities as well as other materials on record. There is no dispute to the fact that incour .....

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assessee s aforesaid explanation were found to be correct only in respect of SB A/c held in Bank of India and Andhra Bank, Attapur Branch. Whereas, as far as SB A/c held in Andhra Bank, Nampally Branch is concerned, informations supplied by concerned AO, who made assessment in case of Smt. Baddam Kalavathy did not confirm the fact that the deposits in Andhra Bank, Nampally Branch account were also considered in the assessment completed u/s 153A of the Act in case of Smt. Baddam Kalavathy. There .....

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. In the present case, observations made in the assessment order as well as in the order of ld. CIT(A) clearly demonstrate that assessee has not been able to establish the fact that deposits of ₹ 60 lakhs were either offered as income by Smt. Baddam Kalavathy or was assessed in her hands. Even before this forum also, apart from a copy of letter dated 14/12/2011 claimed to be of Smt. Kalavathy, assessee has not been able to prove the fact that cash deposits of ₹ 60 lakhs were either o .....

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