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2022 (5) TMI 360

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..... by rejecting the explanation of the assessee that some of the deposits were made out of earlier cash withdrawal which were kept with his brother Shri Anil Singh - HELD THAT:- A total addition of Rs. 17,57,130/- was made by the Assessing Officer. Before the Ld. CIT(A) the assessee explained the sources of cash deposits which were out of receipt from his brother and out of withdrawals from the bank .....

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..... sh Gidwani , DR ORDER This is an appeal filed by the assessee against the order of Ld. CIT(A)-1, Lucknow dated 15.09.2020. The grounds of appeal taken by the assessee are reproduced below: 1. The learned Commissioner of Income Tax(Appeals)-I, Lucknow (here-in-after referred to as the Ld. CIT(A)'s grossly erred on facts and in law in conforming the addition to the extent of Rs. 2, .....

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..... ition of the deposit so made in the bank of demonetized currency of Rs. 2,00,000/- as the appellant had duly shown the bank accounts from which the amount was withdrawn from banks on previous dates and also the fact regarding receiving the amount from his brother due to serious ill health of self and spouse and the amount already kept with him from withdrawals made from bank and thus the addition .....

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..... in this respect invited my attention to the paper book pgs. 1 and 2 where the sources of cash deposits have been explained and which fact was also explained to the Ld. CIT(A). The Ld. AR submitted that assessee himself had deducted Rs. 2,92,870/- for household expenses therefore sustenance of addition of Rs. 2.00 lacs for household expenses is not justified. 4. The Ld. DR on the other hand sub .....

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..... e attention of Ld. CIT(A) that in the position of cash as on 18.11.2016 the assessee had already reduced an amount of Rs. 2,92,872/- as withdrawals of household expenses therefore further sustenance of Rs. 2.00 lacs on account of assumed household expenses is not justified and therefore I delete the same. 6. In the result, the appeal filed by the assessee is allowed. ( Order pronounced in th .....

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