TMI Blog2015 (6) TMI 30X X X X Extracts X X X X X X X X Extracts X X X X ..... vidence. Thus assessee’s explanation that entire amount was paid back to Smt. Baddam Kalavathy through self withdrawals is also not correct. In these circumstances, when assessee has failed to establish the fact that the cash deposits of ₹ 60 lakhs actually belonged to Smt. Baddam Kalavathy and assessed at her hand, addition, 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 200 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... derabad in course of assessment proceeding incase of Smt. Baddam Kalavathy wherein the SB A/c No. 867810110002627 with Bank of India, Attapur Branch was mentioned. On the basis of the submissions made by assessee, AO called for information from the concerned 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he details 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 appellant with Andhra Bank, Nampally Branchg have not been considered as the income of Smt. B. Kalavathy in her hands. Even during the appeal proceedings before me also, neither Sri B. Prakash Reddy nor his wife Smt. Kalavanthy substantiated the cl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rder 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 confirmed that the cash deposits made in SB A/c at Andhra Bank, Nampally Branch were actually made by her and she has offered it as income at her hands. In this context, ld. AR referred to the letter dated 14/12/2011 of Smt. Baddam Kalavathy, a copy of which is at page 10 of the paper book. Ld. AR, thus, submitted, when assessee has discharged her onus in proving the source of cash deposits into the bank account, AO is not justified in treating it as unexplained cash deposits. It was subm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the fact that incourse of assessment proceeding, AO found three Savings Bank accounts standing in the name of assessee. It was explained by assessee before AO that the deposits/withdrawals made in the said SB A/cs were actually relating to Smt. Baddam Kalavathy and not assessee. It was further stated by assessee before AO that in the assessment proceeding of Smt. Baddam Kalavathy, she had accepted the transaction in the aforesaid bank accounts and the same were offered as additional income. However, as can be seen, 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, informatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sited by Smt. Baddam Kalavathy in cash in assessee s bank account and subsequently the entire amount was returned back to her by way of self-withdrawals. However, on a perusal of the bank account copy, it is found that cheques for ₹ 9 lakhs and ₹ 8 lakhs were issued to one Shri K. Nitya Reddy on 10/06/08. Therefore, assessee s explanation that entire amount was paid back to Smt. Baddam Kalavathy through self withdrawals is also not correct. In these circumstances, when assessee has failed to establish the fact that the cash deposits of ₹ 60 lakhs actually belonged to Smt. Baddam Kalavathy and assessed at her hand, addition, in our view, is justified. As far as the decisions relied upon by assessee are concerned, on careful ..... X X X X Extracts X X X X X X X X Extracts X X X X
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