TMI Blog2023 (1) TMI 602X X X X Extracts X X X X X X X X Extracts X X X X ..... ng made. The assessee had shown an opening cash balance of Rs. 7,20,000/- as on 01/04/2008. Therefore the estimation made by the Assessing Officer is not supported with any valid material therefore the disallowance is not justified. Similarly, the gift of Rs. 1,75,000/- received by the assessee from his wife is also disallowed without assigning any reasons thereon. Such a disallowance is not ju ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssee is an individual and employed in Bharat Sanchar Nigam Limited. For the Assessment Year, 2009-10, the assessee has not filed his Return of Income. The Department was in possession of information that the assessee has deposited Rs. 14,81,000/- by way of cash in his ICICI Bank account during the financial year 2008-09. Therefore the case was reopened by issuing a notice u/s. 148 dated 17/03/2016 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d the additions of gift received from the wife of Rs. 1,75,000/- and Rs. 3,87,700/- being the past savings of the assessee as not genuine. Thus the Ld. CIT(A) confirmed the addition of Rs. 5,62,700/- as unexplained income. 4. Aggrieved against the same, the assessee is in appeal before us raising the solitary ground: 1. The Learned Commissioner of Income Tax, (Appeals)-2, Rajkot has erred i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... only as Rs. 5,00,000/- and disallowed balance Rs. 3,87,700/- without any basis. Similarly, the gift from the assessee s wife of Rs. 1,75,000/- was also held to be not genuine without any materials and simply added as the income of the assessee. Considering the medical emergencies faced by the assessee for treating his family members, the above addition is required to be deleted. 5. Per contra, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... received by the assessee from his wife is also disallowed without assigning any reasons thereon. Such a disallowance is not justifiable in law. Therefore we hereby delete both the disallowance of Rs. 3,87,700/- and Rs. 1,75,000/- and allow the assessee s appeal. 7. In the result, the appeal filed by the Assessee is allowed. Order pronounced in the open court on 23-11-2022 - - TaxTMI - T ..... X X X X Extracts X X X X X X X X Extracts X X X X
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