9911796707
TMI Blog2021 (10) TMI 25X X X X Extracts X X X X X X X X Extracts X X X X ..... regating to Rs. 15,90,000/- during the F.Y. 2010-11 relevant to A.Y. 2011-12 in his bank account. The AO was thus of prima facie view that the deposits were from assessee's undisclosed sources. AO therefore issued notice u/s 148 of the Act on 28.03.2018 which was duly served upon the assessee asking the assessee to file the return of income. AO has noted that notice u/s 142(1) of the Act was issued to the assessee from time to time but there was no appearance from the assessee's side nor any explanation was provided about the source of cash deposits. AO therefore treated the aggregate cash deposits of Rs. 15,90,000/- in his account with Punjab National Bank as unexplained and treated it as income from undisclosed source. Thus in the assessm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... submissions of the Learned AR, Ground No.1 is dismissed as not pressed. 5. Ground No.2 is with respect to addition of Rs. 5,70,000/-. 6. Learned AR submitted that assessee is a farmer and doing agricultural activities on the ancestral agriculture land situated in Village Sultanapur District Sonipat measuring 6 Acres. He submitted that their ancestral agricultural land in Village Fazilpur was acquired by the Haryana Government in the year 1995 and compensation was awarded. The assessee with his brother Shri Pratap Singh from the compensation received had purchased agriculture land having area of 14.340 Hectare (35.85 Acres) in Chhattisgarh of which assessee's portion of land being 17.40 acres and 18.45 acre being of his brother Pratap Sing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , the submissions to the remand report which are incorporated in the order of CIT(A). He also pointed to the copy of the affidavit of his brother. He therefore submitted that considering the fact that the deposits are out of the agricultural activities of his brother and which is also confirmed by the brother, no addition is called for. He therefore submitted that the addition made by the AO be deleted. 7. Learned DR on the other hand supported the order of lower authorities. 8. I have heard the rival submissions and perused the materials available on record. The issue in the present ground is with respect to the addition of Rs. 5,70,000/- being cash deposited in the bank account of the assessee. Before me and before the lower authorities ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t there being any evidence to the contrary. Considering the totality of the facts, I hold the source of cash deposits to be explained. Therefore, I direct the AO to delete the addition. Thus the ground of the assessee is allowed. 9. Ground No.3 is with respect to the addition of Rs. 1,00,000/-. 10. During the course of remand proceedings, AO asked the assessee to give the complete details of the family member and month wise details of household expenses with the source from which it has been met to which assessee inter alia submitted that he lives in his village, along with his family comprising of himself, his wife and two minor kids. It was also submitted that the agriculture produce and vegetables grown in his farm of 6 acres are used ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it is the contention of the Revenue that the house hold expenses should be Rs. 25,000/- per month. Before me, Learned AR has submitted that during the relevant period assessee was staying in a village with his wife and two minor sons who were not school going and the milk and grains which are available from his own farm and cattle was sufficient to meet his basic daily requirements. The aforesaid contentions of the Learned AR has not been controverted by Revenue by placing any contrary evidence on record. Considering the totality of the aforesaid facts, I am of the view that the expenditure of Rs. 1,00,000/- towards household expenses shown by the assessee cannot be discarded without any evidence to the contrary. I therefore hold that the A ..... X X X X Extracts X X X X X X X X Extracts X X X X
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