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TMI Blog2019 (2) TMI 225X X X X Extracts X X X X X X X X Extracts X X X X ..... s made cash deposits of Rs. 17,11,100/- and paid credit card bills of Rs. 11,61,797/- during the assessment year under appeal. The case was reopened u/s 147 of the Act. Assessee was asked to produce the details of credit card expenses and link of the same with bank details, details of cash deposit in bank account with source and copy of all bank account statements with narration. The assessee explained that as per total cash deposits during the year comes to Rs. 13,81,100/- and not Rs. 17,11,100/-. The assessee filed two work sheets being the date wise entries of the cash deposits and withdrawal during the relevant financial year. The assessee submitted that he has received cash gifts totaling to Rs. 5 lakhs. In support of this submission, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... same bank account during the year, which have been re-deposited. The Ld. CIT(A), however, dismissed the appeal of the assessee. The Ld. CIT(A) noted that there is a possibility that cash withdrawals might have been used by the family for personal purpose. 5. Ld. Counsel for assessee reiterated the same submissions made before the authorities below and submitted that assessee lives in joint family, Rs. 5 lakhs was received as gift from the family members, which is supported by affidavits and ITR of the family members. He has filed complete chart of the bank entries in cash in the bank account to show that during the assessment year under appeal assessee has withdrawal Rs. 5,79,100/-, which have been re-deposited. He has submitted that asses ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... else. The Ld.CIT(A), however, put a negative onus upon the assessee to prove that money withdrawn from the bank account of the family was not utilized. Since the explanation of assessee has been partly accepted by the AO that cash withdrawn from the same bank account in assessment year under appeal is available to assessee to make re-deposit in the same bank account, therefore, considering the facts of the case, details of record and in the light of decision of the Hon'ble Punjab & Haryana High Court in the case of Shiv Charan Dass (supra), I am of the view that the amount withdrawn during the year from the same bank amount of Rs. 5,79,100/- is available to assessee to make re-deposit in the same bank account in assessment year under appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X
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