9911796707
TMI Blog2016 (1) TMI 1290X X X X Extracts X X X X X X X X Extracts X X X X ..... OUNTANT MEMBER This is an appeal filed by the assessee directed against the order of the Ld. Commissioner of Income Tax (Appeals)-XXII, New Delhi dated 31.01.2013 pertaining to the Assessment Year (A.Y.) 2008-09. 2. Facts in brief:- The assessee is an individual and is having income from house property, interest and remuneration from partnership firms as well as, income from other sources. He fi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d on facts and in law in completing the assessment at an income of Rs. 10.98,720/- as against returned income of Rs. 5,98,720/- by the appellant. 2. The AO has without applying his mind and without understanding the facts of the case added the amount of Rs. 5,00,000/- as unexplained deposits. 3. The AO has acted casually without appreciating the fact that the assessee has not received Rs. 1,00,0 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to his income from farming , etc were submitted before AO to prove the identity, genuineness and creditworthiness of the lender. 7. The AO has not given proper opportunity or show cause for his intention of making the above addition which is against the principles of natural justice. 8. That the appellant craves, leaves to add, amend, and delete any other ground of appeal." 3. We have heard Shr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the loan of Rupees four lakhs, we find that Mr Balvinder Singh has confirmed that he has lent the said amount as loan to the assessee. The assessee has filed the following documents in support of his contention that the transaction of loan is genuine. These evidences are: a. Confirmations from lender for loan aggregating Rs. 5 lakhs b. Copy of Election Card of the Lender to prove his identity c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to properly appreciate the evidences. The assessee has also produced evidence in the form of repayment of the above loan to Mr. Balvinder Singh to further substantiate his claim. The payments have been done through banking channels. In view of the above evidences, the addition in question has to be deleted. We therefore delete the addition and allow the appeal filed by the assessee. 6. In ..... X X X X Extracts X X X X X X X X Extracts X X X X
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