TMI Blog2018 (3) TMI 136X X X X Extracts X X X X X X X X Extracts X X X X ..... requent small withdrawal ranging into few thousand rupees. Sometimes there are many cash withdrawal in the single day. Appellant had not submitted the detail of income earned by her daughter. We just fail to understand as stated by the ld. AR that appellant and her daughter both are working in bank, if any person is working in the bank why they will keep such a huge amount in cash at home. Therefore, this kind of explanation is hard to believe. Ld. AR stated that appellant’s sister has given her cash of ₹ 54,054/- for charity work and further stated that she donated ₹ 72,072/- through account payee cheque No.447453 dated 29/09/2010. We can see that same is reflecting in the bank statement of the appellant. For rest of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... confirming action of Ld. AO in levying interest u/s 234A/B/C/D of the Act. 4. The Ld. CIT(A) has erred in law and on the facts in confirming the action of Ld. AO in initiating penalty u/s.271(1)(c) of the Act. The appellant craves leave to add, amend, alter, edit, delete, modify or change all or any of the grounds of appeal at the time of or before the hearing of the appeal. 2. There is a delay of 127 days in filing the appeal. Appellant has filed an affidavit in support of her contention. We are agree with the explanation given by the appellant, hence delay is condoned. 3. The relevant facts as culled out from the materials on record are as under:- During the year under consideration, it was noticed that the assessee was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s without taking into account the factual position. The assessee is employee of Bank of India having income from salary and interest, thus there are no other sources of income. Now whatever the assessee earns or her daughter earns and withdraws from her Bank account, as a natural corollary, comes to family funds and such funds are the sources of major deposits in her account. The additional sources of cash deposits were related to the amounts given as gifts to my handicapped son Preet. Close family members given to him at the time of his Birthday in February,2010 of ₹ 1,50,000/-. As on 01.04.2010 I was having cash of ₹ 5,75,000/- as opening cash balance, which includes the withdrawals in F.Y.2009-10 by the Binoli her daughter of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erstand as stated by the ld. AR that appellant and her daughter both are working in bank, if any person is working in the bank why they will keep such a huge amount in cash at home. Therefore, this kind of explanation is hard to believe. Ld. AR stated that appellant s sister has given her cash of ₹ 54,054/- for charity work and further stated that she donated ₹ 72,072/- through account payee cheque No.447453 dated 29/09/2010. We can see that same is reflecting in the bank statement of the appellant. For rest of the amount appellant could not give any plausible explanation to prove her case. 7. In view of the above, we would like to give relief of ₹ 54,054/-, which was given by sisters of the appellant for charity wor ..... X X X X Extracts X X X X X X X X Extracts X X X X
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