TMI Blog2021 (6) TMI 1021X X X X Extracts X X X X X X X X Extracts X X X X ..... as withdrawn/paid as per the direction of Mr. Kana Ram and the details of the buyers have already been given by the assessee in his written submissions which of the order of the ld. CIT(A). We noticed that in order to verify the statement of the assessee, summons was issued to said Mr. Kana Ram by the ADIT (Inv.), Ajmer. However, in response to the said summons, the reply was filed by one Shri Shailendra Singh Rathore, Advocate on behalf of Mr. Kana Ram thereby taking a contrary stand and denied the liability of the said Kana Ram. Even during the course of assessment proceedings, the A.O. had sought information from the bank u/s 133(6) of the Act and also issued summons u/s 131 of the Act to the said Kana Ram. On one occasion, the said Mr. Kana Ram sought adjournment on the ground that he is ill and therefore, on said request, the matter was adjourned by the A.O. for 10/12/2018. The said Mr. Kana Ram did not appeal. Again, another notice through registered post was sent to Mr. Kana Ram, however, the same was returned back unserved by the postal authority with the remark recipient is out of Kekri and refused to receive the post by his family members . All those facts on re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... conference in view of the prevailing situation of Covid-19 Pandemic. 3. Brief facts of the case are that as per information available on record which was received from Asstt. Director of Income Tax (Inv.), Ajmer, it was noticed that the assessee had made credits in SBI Bank, Kekri ADS branch in account No. 30128275297 amounting to ₹ 47,30,000/- on various dates during the period 01/4/2013 to 31/03/2014. As per return filed by the assessee for the year under consideration, the assessee has declared income from salary/pension and income from other sources amounting to ₹ 6,05,250/- and as such deposits in the bank account amounting to ₹ 47,30,000/- remained unexplained. After making detailed enquiry and after perusing the material placed on record, the A.O. completed the assessment U/s 143(3) r.w.s 147 of the Income Tax Act, 1961 (in short, the Act) determining the total income of the assessee at ₹ 40,55,250/- by making addition of ₹ 34,50,000/- on account of unexplained cash deposits. 4. Being aggrieved by the order of the A.O., the assessee carried the matter before the ld. CIT(A), who after considering the submissions of both the parties and mat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le property. That amount of ₹ 2980000/- on dated 10/04/2013 and ₹ 900000/on-dated 11/04/2013 deposited by Mr. Kana Ram and the same was also withdrawals / paid as per direction of Mr. Kana Ram. Details of payment as under:- 1. That Mr. Kailash Chand Sharma had paid 1st Payment on Direction of Mr. Kanha Ram to Mr. Jagdish Gurjar (Son in Law of Mr. Kanha Ram ) through cheque (130332) on dated 16th April 2013 for amount of Rs. 200000/- the same was paid by Bank to Mr. Jagdish Gurjar on Dated 16th April 2013. For the confirmation of the same transaction we are enclosing copy of Cheque as used for the payment certified by the Bank as an Annexure -A . 2. That Mr. Kailash Chand Sharma had paid 2nd Payment on Direction of Mr. Kanha Ram to Mr. Jagdish Gurjar( Son in Law of Mr. Kanha Ram ) through cheque ( 130334) on dated 07th May 2013 for amount of ₹ 1000000/- the same was paid by Bank to Mr. Jagdish Gurjar on Dated 10th April 2013. For the confirmation of the same transaction we are enclosing copy of Cheque as used for the payment certified by the Bank as an Annexure B. 3. That Mr. Kailash Chand Sharma had paid 3rd Payment on Direction of Mr. Kanha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nk account of the assessee. Therefore, the A.O. issued necessary notices to the assessee for explaining the deposits of cash in the bank account and in response thereto, it was submitted by the assessee that the assessee s account was used by his fast friend Mr. Kana Ram to deposit sale proceeds of his immovable property. It was submitted by the assessee that since Mr. Kana Ram was his fast friend and at the time of sale of his immovable property, the said Kana Ram was not having any bank account in any bank, therefore, he requested the assessee to deposit the said funds in assessee s account and it was agreed between the assessee and Mr. Kana Ram that Kana Ram would transfer the entire amount to his bank account as and when the same is opened in any bank. In this respect, as per the assessee, an affidavit was given by said Mr. Kana Ram to the assessee. It was further submitted by the ld AR that the amount deposited by Mr. Kana Ram was withdrawn/paid as per the direction of Mr. Kana Ram and the details of the buyers have already been given by the assessee in his written submissions which are mentioned in para 4.2 of the order of the ld. CIT(A). 10. From the record, we noti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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