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2018 (2) TMI 2033

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..... n of the statement of Sri G. Siva Kumar Reddy (husband of the assessee). 3. Whether in facts and circumstances of the cse, the CIT(A) is justified in considering the sources of donor (Smt. G. Sulochanamma, Mother-in-law of the assessee) which is an af terthought. 4. Any other ground that may be urged at the time of hearing. 2. Brief facts of the case are that the assessee, an individual, filed her return of income for the A.Y 2009-10 on 24-11-2009 admitting total income of Rs. 2,49,063/- under the heads 'income from house property' and 'income from other sources'. The same was processed u/s 143(1) of the IT Act on 07-03-2010. Subsequently, for the reason that the income chargeable to tax has escaped assessment, a notice u/s 148 of the .....

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..... legedly received by the assessee on various dates during the F.Y 2007-08 were without any occasion and similarly cash gifts received during the F.Y 2008-09 are also without any occasion. He, therefore, held that assessee's explanation of cash gifts is an afterthought to avoid income tax proceedings. He held that the ledger copies showing withdrawals of cash from the bank account also cannot be relied upon, because the books of accounts maintained by the assessee are not subject to audit. Therefore, he refused to accept the assessee's contentions and held that the on money payment of Rs. 63,55,000/- is unexplained investment u/s 69 of the Act, He accordingly brought it to tax. 4. Aggrieved, the assessee preferred an appeal before the CIT(A) .....

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..... the issues be remanded to the file of the A.O for verification of the bank account of Smt. Sulochanamma. 6. The Ld. Counsel for the Assessee, on the other hand, supported the orders of the authorities below and submitted that the relevant details including the bank statement of Smt. G. Sulochanamma in the canara bank account and also UTI bank account which has since become Axis Bank, were available with the A.O. and therefore, there was no need for a remand to the A.O again. 7. Having regard to the rival contentions and material on record, we find that the CIT(A) has accepted the contentions of the assessee for giving relief to the assessee. We find that the assessee has filed the cash flow statement of Smt. Sulochanamma and the details .....

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