TMI Blog2010 (4) TMI 1156X X X X Extracts X X X X X X X X Extracts X X X X ..... 36,500/- as undisclosed income of the assessee being amount lying in Savings Account No.11945 of Bank of Baroda, Jamnagar pertaining to his minor son. 4. Briefly, the facts of the case on this issue are that the assessee has maintained Savings Bank Account No.11945 with Bank of Baroda, Jamnagar in the name of his minor son Hitarth. On perusal of the bank statement, it was found that an amount of ₹ 36,500/- was deposited in cash on 30-04-1999. Explanation of the assessee was sought regarding source of the cash deposit. It was explained that cash in the above said account was deposited from out of accumulated gifts received from friends and relatives on the first birth day of his son. The AO did not accept the contention of the asses ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... authorities below. 6. On consideration of the rival submissions we are of the view that the addition has been rightly confirmed by the learned CIT(A). The assessee explained that small gifts were received on birth day of the minor son of the assessee from several relatives and friends which was deposited in the bank account. There is a deposit in the bank account of minor son of the assessee in a sum of ₹ 36,500/- on 30-04-1999. This date has no relation with the birth day ceremony of the minor son of the assessee which falls on 12-07-1997 and 12-07-1998. The explanation of the assessee is not acceptable because if birth day is celebrated in the family the assessee would have spent the amount of celebration also for which no detail ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t in the said piece of land was made and funds from unaccounted income of her husband, who was Central Government employee searched by Anti Corruption Bureau at the relevant time. Protective assessment was made in the name of wife of the assessee and substantive assessment was made in the hands of the present assessee. The addition was challenged before the learned CIT(A) and it was explained that addition is made considering the findings given in the case of Smt. Ashaben N. Gupta. It was explained that neither the assessee nor his wife contended that substantive addition has been made in the case of the assessee. It was submitted that conclusion drawn by the AO on the basis of wrong assumption of facts and finding that investment was made ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion Bureau. No particular of the Accountant has been given who has prepared the books of account. The capital account prepared in the name of the wife of the assessee are afterthought and not reliable. The AO, therefore, concluded that on the basis of human probability that source of investment in the said piece of land was made from out of unaccounted income of the assessee. The protective assessment in the case of the wife of the assessee has been deleted by the learned CIT(A) separately. The learned CIT(A) considering the facts and circumstances of the case noted that the addition has been rightly made on substantive basis in the hands of the assessee. The learned CIT(A) relied upon the decision of the Hon ble Supreme Court in the case o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ival submissions and the material available on record. There is no doubt that the wife of the assessee has filed return of income showing tuition income, but the tuition income is offered at very meager amount. Out of the tuition income, she would have also made withdrawals for household purpose and in her case several other additions were made separately which were also claimed to be deleted because the investment in FDR etc. have been made out of her tuition income. Her appeal for the same assessment year is heard separately in ITA No.2600/Ahd/2005 and would be disposed of separately. It would, therefore, prove that her meager income was not sufficient to explain the source of investment in the piece of land as is involved in the present ..... X X X X Extracts X X X X X X X X Extracts X X X X
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