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TMI Blog2019 (9) TMI 252X X X X Extracts X X X X X X X X Extracts X X X X ..... a sum of Rs. 301000.00 out of the same. 2.0 That the ld. Assessing Officer has erred in law as well as on the facts and circumstances of the case in making and addition of Rs. 82805.00 and the ld. CIT(A), Alwar has erred in sustaining the same. 3.0 That the assessee reserves its right to add, alter, modify, amend all or any of the grounds of appeal before or at the time of hearing of appeal." 2. Ground no. 1 is regarding the addition sustained by the ld. CIT(A) to the extent of Rs. 3,01000/- on account of deposit made in the bank account. The AO received AIR information regarding the deposit in the saving bank account of the assessee. The AO noted that the assessee has deposited Rs. 1,51,000/- on 08.08.2009 on the day when the savi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... thout any basis and the addition to the extent of Rs. 3,00,000/- may be deleted. 4. On the other hand, the ld. DR has submitted that the assessee has not declared any income from the beauty parlour in the past and therefore, the claim of saving from the said activity is without any documentary evidence. However the ld. CIT(A) has accepted the saving to the extent of Rs. 1,50,000/- which is very reasonable and proper. He has relied upon the order of the authorities below. 5. Having considered the rival submissions as well as relevant material on record it is noted that the AO made addition of Rs. 4,51,000/- by considering the total deposit made by the assessee being Rs. 1,51,000/- at the time of opening of the account on 08.08.2009 and R ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... decision in case of Bhawani Singh vs. ITO dated 13.09.2018 in ITA No. 407/JP/2017 as relied upon by the authorities below cannot be applied to the facts of the present case when in the said case the withdrawal from the bank was made by the assessee at the time of purchasing of the land and the assessee claimed that only part amount was utilized for purchase of land and balance was with the assessee. In the said case the Tribunal noted that the assessee has claimed the utilization of the withdrawal amount only to the extent of the purchase consideration shown in the title document and not actual amount of purchase consideration and further there was a time gap of 2-3 years between the transaction of purchase of land and subsequent deposit i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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