TMI Blog2021 (7) TMI 1228X X X X Extracts X X X X X X X X Extracts X X X X ..... ision as per law. - ITA No. 117/Hyd./2019 - - - Dated:- 26-7-2021 - P. Madhavi Devi, Member (J) And A. Mohan Alankamony, Member (A) For the Appellant : M. Bhupal Gowd, C.A. For the Respondents : Venudhar Godesi, D.R. ORDER P. Madhavi Devi, Member (J) This is assessee's appeal filed against the order of CIT(A)-7, Hyderabad dated 26.11.2018 relating to A.Y. 2014-15. 2. Brief facts of the case are that assessee an individual, filed his return of income for the AY 2014-15 on 21.12.2015 declaring a total income of ₹ 2,28,400/-. The case was selected for limited scrutiny under CASS to verify the cash deposits in savings bank accounts as they were more than the assessee's turnover. The assessee during the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ve Society Bank Account of the appellant and brought to tax under section 68 of the Act. 4. That the learned CIT(Appeals), HYD-7 has failed to appreciate that bank account of the appellant does not constitute books of account and therefore even otherwise addition made by invoking section 68 of the Income Tax Act 1961 is otherwise misplaced, misconceived and untenable. 5. That while making the addition the learned Assessing Officer has failed to appreciate the explanation tendered by the appellant that deposits were out of saving from agricultural income of his family members given to him for medical treatment of his father and as such sums could not be brought to tax as income of the appellant. 6. The learned Assessing Office ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e sale of the crop. He submitted that assessee's father was not well and was being treated and all of his family members from time to time deposited cash into assessee's bank account for his treatment. He submitted that the AO has not accepted this contention of the assessee by holding that assessee's father has expired in May, 2013 whereas all deposits in the account are thereafter i.e. from June, 2013. He submitted that assessee's father has expired on 09th May, 2014 and not in May, 2013. He submitted that all these facts need to be considered by the authorities below. He also made an alternative submission that even if the said cash deposits are to be treated as belonging to the assessee, it should be treated as part of t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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