TMI Blog2023 (1) TMI 1010X X X X Extracts X X X X X X X X Extracts X X X X ..... y supporting material does not merit acceptance. In case, the assessee would have sold any intermittent crop, then, the onus was cast upon him to establish the said fact by placing on record supporting documentary evidence, which,we find had not been done by him. On the basis of aforesaid observations, find no infirmity in the view taken by the A.O that the assessee s claim that cash deposits in his bank account was partly sourced out of his agriculture income did not merit acceptance. Claim of the assessee that the cash deposits in question were sourced out of his past savings - Though he had failed to place on record any material which would have evidenced the availability of any amount of cash in hand out of his past savings, but the A.O in all fairness had accepted his claim to the extent of Rs.1 lac, which thereafter had been raised by the CIT(Appeals) to an amount of Rs.3 lac. Considering the aforesaid fact, find no infirmity in the view taken by the A.O that the assessee had failed to substantiate his claim that the entire amount of cash deposits in his bank account were sourced out of his past savings. Invocation of section 69A - As the assessee at the time of mak ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on made by the learned AO, without considering the fact, is bad in law and against the principal of natural justice. 02. That the addition made u/s. 69A, which is not applicable in the case of assessee at all, no any search conducted, no any survey conducted, addition made with wrong section as ownership of money and not disclosure is wrongly considered, the addition made on that ground is also bad in law and against the principal of natural justice. 03. That the penalty proceeding initiated u/s.271(1) (c) for the concealment of particulars is bad in law, though the details had been furnished during the assessment proceeding, no any income had been concealed or no any false statement has been given by the assessee, without considering the same initiation of the penalty is bad in law and against the principal of natural justice 04. That other relief as the Honourable Court deems fit may kindly be allowed. 05. That the Appel/ reserve the right to add omit, or amend any ground after the copies of relevant document supplied by the AO or at the time of hearing of appeal. 2. On the basis of information received by the A.O that the assessee during the year un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Sahakari Kendriya Bank, Branch: Baradwar from 06.01.2010 to 15.02.2010 which, thereafter, were deposited by him in his saving bank account with State Bank of India, Branch: Janjgir on 20.05.2011, the same did not find favour with the A.O. Holding a conviction that it was incomprehensible that the cash withdrawals made by the assessee from 06.01.2010 would have been available with him for a period of more than 1 year and redeposited on 20.05.2011, the A.O rejected the claim of the assesee to the said effect. On the basis of his aforesaid deliberations, the A.O was of the view that considering the proximity of the date on which the assessee had sold his agricultural land i.e. on 24.05.2011 and the date of cash deposit i.e. 20/25.05.2011 it could safely be inferred that the same was the on money which the assessee would have received pursuant to the aforesaid sale transaction. Accordingly, the A.O was of the view that the assessee had failed to come forth with any explanation as regards the cash deposit of Rs.11 lac (out of Rs.18.80 lac) in his bank account. At the same time, the A.O in all fairness was of the view that as the assessee was an agriculturist, therefore, cash deposits ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the claim of the Ld. AR that as the assessee being a senior citizen was not keeping good health and had remained engrossed in his medical treatment since last many years, therefore, for the said reason he had inadvertently delayed the filing of the present appeal. Considering the aforesaid facts, it was submitted by the Ld. AR that a sympathetic view may be taken and the delay involved in filing of the appeal in all fairness may be condoned. 9. Per contra, the Ld. Departmental Representative (for short DR ) though at the very outset in all fairness submitted that considering the old age and ill-health of the assessee a sympathetic approach may be taken, but at the same time he stated that the documents which were filed by the assessee for seeking condonation of the delay did not inspire much of confidence. Elaborating further, it was submitted by the Ld. DR that the medical certificate filed by the assessee was not relevant to the period in which the appeal ought to have been filed within the stipulated time period with the Tribunal. 10. I have given a thoughtful consideration to the circumstances, which as claimed by the assessee had resulted to the delay in filing of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to justify the source of deposit without any documentary evidence .. 12. I have given a thoughtful consideration and concur with the view taken by the A.O that it is beyond preponderance of human probability that the assessee would have withdrawn cash from his bank account with Jila Sahakari Kendriya Bank, Baradwar Branch from 06.01.2010 onwards and thereafter, kept the same with him till 20.05.2011 i.e. for a period of more than 1 year and redeposited the said sum at the time of sale of agricultural land. I am of the view that as the aforesaid explanation of the assessee is nothing but a concocted story hatched by him to justify the source of cash deposits, thus, the same cannot be accepted and had rightly been rejected by the A.O. 13. As regards the claim of the assessee that the cash deposits were sourced from his agriculture income, I find that as observed by the A.O, and, rightly so, as the assessee was in receipt of sale proceeds of agricultural produce i.e. paddy vide cheques from the samiti to whom the same were sold, therefore, his aforesaid explanation in absence of any supporting material does not merit acceptance. In case, the assessee would have sold any inter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... about the nature and source of acquisition of such money or the explanation offered by him is not, in the opinion of the Assessing Officer, satisfactory, then such money may be deemed to be the income of the assessee for such financial year under section 69A of the Act. Admittedly, the assessee had deposited the cash in his savings bank account. The aforesaid claim of the Ld. AR that as it was a case of a cash deposit in the bank account, therefore, the provisions of Section 69A of the Act could not have been brought into play, though, at the first blush appeared to be very convincing, but I am of the view that the said contention is not found to be in conformity with the mandate of law. As the assessee at the time of making the cash deposits in the bank account i.e. on 20/25.05.2011 was the owner of cash i.e. money, and had failed to come forth with any explanation about the nature and source of the acquisition of the same, therefore, no infirmity can be attributed to the invocation of the provisions of Section 69A of the Act by the A.O. I, thus, finding no merit in the claim of the Ld. AR that the A.O had wrongly triggered the provisions of Section 69A of the Act for making the a ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
