TMI Blog2018 (8) TMI 1254X X X X Extracts X X X X X X X X Extracts X X X X ..... such gift to his daughter. - Additions so made deleted - Decided in favor of assessee. - ITA No.328/Ind/2014 - - - Dated:- 21-8-2018 - SHRI KUL BHARAT, JUDICIAL MEMBER AND SHRI MANISH BORAD, ACCOUNTANT MEMBER For The Appellant : Shri Ashish Goyal And Shri N.D. Patwa, ARs For The Respondent : Shri V.J. Boricha, DR ORDER PER KUL BHARAT, J.M: This appeal by the assessee is directed against the order of the Commissioner of Income Tax (Appeals)-2, Bhopal dated 6.1.2014 pertaining to the assessment year 2008-09. The assessee has raised following grounds of appeal: 1. That on the facts and in the circumstances of the case the impugned orders passed by the Ld. lower authorities are contrary to law, material ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he explanation of the assessee in respect of this sum belonged to his father-in-law, who was also travelling in the same train, which he was carrying to give as gift to his daughter i.e. wife of the assessee. The A.O. did not accept this explanation and added this amount in the income of the assessee. The assessee had preferred an appeal before the Ld. CIT(A), who sustained the addition. Ld. Counsel for the assessee submitted that the assessee is a State Government employee working in Janpath Panchayat. The assessee was found to be carrying cash of ₹ 5,34,700/- on 10.9.2007 while travelling in train Revachal Express by Government railway police. The cash was released on the direction of the court. Ld. Counsel reiterated the submission ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) 2. Land ownership before seizure of cash:- a. The appellant invested in land with Danish Grah Nirman Society before he was seized with the alleged undisclosed cash. The appellant was arrested on 10.09.07 and was in custody till 12.09.07, when his bail application got cleared. The land allotment letter dated 11.09.07 as well as the Receipt issued by the society towards land cost payment and the cash book of the proprietorship concern Khatu Shyam Enterprises were produced before the Session court on 12.09.07. This proves that the land was already acquired by the appellant and his wife jointly. b. The Cheque no 704216, dated 28.08.2007 amounting to ₹ 2,91,585/- was presented by the Danish Grah Nirman Society ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s per GRPF records, the appellant didnot even name his father-in-law who is allegedly travelling with him is notcorrect, since the appellant s statement were recorded on 24.01.08, wherein heclaimed that his statement were taken forcefully. 5. Addition cannot be based on Suspicion: The ld only on the basis of general findings, without directing to any specific instances have drawn inference that the cash seized from the assessee was his unexplained money, but not cash gift received by wife. Like the allegation that earlier also there were gifts in the family, but they were done through bank accounts. The appellant take support from the landmark judgement Dhakeswari Cotton Mills Ltd. v. Commissioner of Income-tax [1954 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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