TMI Blog2017 (5) TMI 837X X X X Extracts X X X X X X X X Extracts X X X X ..... id not produce any evidence of source of cash deposits in his bank account. - Decided against assessee. - ITA No.1202/Del/2016 - - - Dated:- 16-5-2017 - SHRI BHAVNESH SAINI, JUDICIAL MEMBER For The Assessee : Ms. Sakshi Rani, CA For The Department : Ms. Bedobani, Sr.DR Per BHAVNESH SAINI, Judicial Member ORDER This appeal by assessee has been directed against the order of Ld. CIT(A) (1) Gurgaon dated 3rd January, 2016 for asstt. Year 2011-12, challenging the addition of ₹ 22,16,500/- on account of cash deposit in the bank account. 2. Briefly the facts of the case are that AO has noted in the assessment order that the assessee for year under consideration had cash deposits of ₹ 25,66,500/- in his bank account maintained with Corporation Bank, Maneser. The assessee was asked to produce the Assessee by : Department by: Date of Hearing 03//05/2017 Date of pronouncement 16 /05/2017 source of this cash deposit along with the evidence to support his claim. The assessee stated that the amount was taken from his mother but could not produce any evidence in this regard and stated that same will be submitted shortly. Further the assessee filed a ikr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of assessee. 3. The assesee in the rejoinder reiterated the same facts that Late Smt. Saraswati Devi maternal grandmother was residing with the family and has given amount to his mother Smt. Vidya Devi who in turn have given the amount to the assessee. 4. Ld. CIT(A) admitted the additional evidence i.e. copy of the bank account of Smt. Saraswati Devi under Rule 46A of the I.T. Rules. Ld. CIT(A) gave benefit of withdrawal and re deposit in his findings, however confirmed the addition to the extent of ₹ 22,16,500/-. His findings in paras 3.6 to 3.9 are reproduced as under :- 3.6 On merits of the contention, I have given careful consideration to the arguments of the appellant. The Assessing Officer has noticed that the appellant has deposited cash amounting to ₹ 25,66,500/- in his bank account with Corporation Bank, Manesar. The following is the relevant cash deposits in the account :- Date of deposit Amount deposited 16.04.2010 61,500 16.04.2010 5,000 03.06.2010 50,000 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... statement that the cash belongs to his maternal grandmother but no evidence has been produced and no independent witness has been examined to substantiate the version that the cash was actually given by the maternal grandmother to the appellant.. The gap of deposit of cash and particularly such large cash has also not been explained by the appellant even during the appeal proceedings. It is seen that the maternal grandmother withdrew cash on 18.08.2009 (Rs. 25,00,000/- and 09.10.2009 (Rs. 42,00,000/-) which makes a total of ₹ 67,00,000/-. The first large outflow to appellant if believed has happened only in October 2010 which is almost after one year and as admitted the Grandmother was an old lady and it is unexpected that she can keep such large cash with her and if that has happened no independent statement of any person has not been recorded who could testify that such large cash was kept in personal custody for a large period of time. Further, if maternal grandmother was living with the appellant, it is much more convenient to keep such large cash in the bank account. The contention of the appellant is unreliable hence rejected. 3.8 However, the other part of the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... may be noted earlier the appeal of assessee was dismissed for default. However the miscellaneous application of assessee was allowed and appeal was refixed for hearing. 6. Ld. Counsel for assessee reiterated the submissions made before authorities below and submitted that Smt. Saraswati Devi received compensation and amount was deposited in bank account which in turn was given to Smt. Vidya Devi mother of the assessee and that same was given to the assessee which was deposited in bank account of the assessee. On the other hand Ld. DR relied upon orders of the authorities below and submitted that assessee has failed to prove source of the cash deposit in his bank account. Therefore appeal of the assessee may be dismissed. 7. I have considered rival submissions and do not find any justification to interfere with the orders of the authorities below. It is not in dispute that there are cash deposits amounting to ₹ 25,66,000/- in the bank account of the assessee on various dates i.e throughout the year. The assessee explained that he has taken this amount from his mother for deposit but no evidence of source of cash with his mother Smt. Vidya Devi was filed. The assessee fur ..... X X X X Extracts X X X X X X X X Extracts X X X X
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