TMI Blog2022 (5) TMI 102X X X X Extracts X X X X X X X X Extracts X X X X ..... ima facie, the assessee has discharged its onus to show the source of deposit made in the bank account to the extent of Rs. 5 Lac as the money was received by the assessee as remittance by NRI sister. There is an entry of Rs. 4 Lac in the savings bank account of another sister Smt. Radhika Singh with UCO Bank and therefore, this amount of Rs. 4 Lac is received through banking channel. The bank account statement of the sister shows that there is a transfer of Rs. 4 Lac in the name of the assessee on 13.01.2010. Hence, the assessee has produced the documentary evidence to show transfer through bank account as well as the availability of the money in the bank account is sister. Accordingly, in the facts and circumstances of the case, the ad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the cash deposit of Rs. 22,20,200/- during the year under consideration in the bank account of the assessee. The Assessing Officer issued a notice under section 148 on 30.03.2017. In response to the notice, the assessee filed his return of income on 9.11.2017 declaring total income of Rs. 1,43,850/-. Thereafter the Assessing Officer issued notice under section 143(2) and 143(1) but there was no response on behalf of the assessee to any of the notices issued by the Assessing Officer. Accordingly, the Assessing Officer proceeded to frame the assessment under section 144 and total income of the assessee was computed by making addition of Rs. 22,20,200/- as unexplained cash deposit in the bank account. The assessee challenged the action of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee has produced the remittance of the amount by her which was received by the assessee in India through Western Union, the agent of money transfer. Thus, the learned AR of the assessee submitted that the assessee has explained the source of deposit by producing the documentary proof so far as the amount received from his sisters of Rs. 4 Lac and Rs. 5 Lac respectively. He has referred to the cash flow statement to show the availability of cash. 3. On the other hand, the learned DR has submitted that there was a cash deposit of Rs. 22,20,200/- in the bank account of the assessee on 8.12.2009. The assessee has not explained the source of deposit before the Assessing Officer and consequently the Assessing Officer passed ex parte orde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ingh and Uncle Shri Dilip Kuarnr Singh have jointly sold agricultural land of 10,00,000/- which was deposited in the bank account) of the appellant. The copy of sale deed of the land showing sale proceeds of Rs. 10,00,000/- was also produced. It was further claimed that the appellant has received cash of Rs. 4,00,000/- from his sister Smt, Radhika Singh who serving in CRPF, Smt. Mamta Singh(Rs. 5 Lac), who is her sister living in USA and out of accumulated saving Rs. 3,20,000/-. It was submitted that cash received from these persons was deposited in the bank account. The written submissions of the appellant were forwarded to the A.O. for his comments, whose comment has been received in this office through Addl.CIT, Range-2, Varanasi vide le ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he A.O., however, he has not offered his comments on the same.). Since the availability cash of Rs. 10,00,000/- with the father and uncle of the appellant have been established, the claim of the appellant about source of Rs. 10.00,000/- is explained and the addition to that extent cannot be sustained. 6. As regards claim of receipt of Rs. 4,00,000/- from (Radhika Singh), it is submitted that Sliri Kaclhika Singh a CRPF employee and the appellant has not submitted copy of her return of income. Only her PAN card and identity card has been submitted which does not prove her creditworthiness. Similarly in the case of claim of Rs. 5,00,000/- from Smt. Mamta Singh, the A.O. has submitted that appellant has not been able to prove the \creditw ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd Sh. Rajendra Singh which was received by the assessee in India through the money transfer agent Western Union. The transfer of money was about Rs. 50,000/- in each tranche and there are nine tranche of money transfers. Eight transfers or about Rs. 50,000/- and one is about 1 Lac. Therefore, prima facie, the assessee has discharged its onus to show the source of deposit made in the bank account to the extent of Rs. 5 Lac as the money was received by the assessee as remittance by NRI sister. Further, there is an entry of Rs. 4 Lac in the savings bank account of another sister Smt. Radhika Singh with UCO Bank and therefore, this amount of Rs. 4 Lac is received through banking channel. The bank account statement of the sister shows that ther ..... X X X X Extracts X X X X X X X X Extracts X X X X
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