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TMI Blog2023 (2) TMI 416X X X X Extracts X X X X X X X X Extracts X X X X ..... 3 5 ITA No. 322/Chd/2022 Smt. Renu Aggarwal CIT(A)-5, Ludhiana 31/12/2021 2014-15 6 ITA No. 323/Chd/2022 Smt. Renu Aggarwal CIT(A)-5, Ludhiana 31/12/2021 2015-16 7 ITA No. 326/Chd/2022 Shri Pankul Aggarwal CIT(A)-5, Ludhiana 20/01/2022 2018-19 8 ITA No. 327/Chd/2022 Shri Karan Aggarwal CIT(A)-5, Ludhiana 12/01/2022 2018-19 9 ITA No. 328/Chd/2022 Shri Deepal Aggarwal CIT(A)-5, Ludhiana 10/01/2022 2012-13 10 ITA No. 329/Chd/2022 Shri Deepal Aggarwal CIT(A)-5, Ludhiana 10/01/2022 2013-14 11 ITA No. 330/Chd/2022 Shri Deepal Aggarwal CIT(A)-5, Ludhiana 10/01/2022 2014-15 12 ITA No. 331/Chd/2022 Shri Ramesh Kumar Aggarwal CIT(A)-5, Ludhiana 20/01/2022 2012-13 13 ITA No. 332/Chd/2022 Shri Ramesh Kumar Aggarwal CIT(A)-5, Ludhiana 20/01/2022 2013-14 14 ITA No. 333/Chd/2022 Shri Ramesh Kumar Aggarwal CIT(A)-5, Ludhiana 20/01/2022 2014-15 15 ITA No. 334/Chd/2022 Shri Ramesh Kumar Aggarwal CIT(A)-5, Ludhiana 20/01/2022 2015-16 16 ITA No. 335/Chd/2022 Shri Ramesh Kumar Aggarwal CIT(A)-5, Ludhiana 20/01/2022 2016-17 17 ITA No. 336/Chd/2022 Shri Ramesh Kumar Aggarwal CIT(A)-5, Ludhiana 20/01/2022 2017-18 2. Since the i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0/- in her saving bank account and car loan account and as per return of income, the assessee has only received Rs. 1,12,000/- in cash as business income and in absence of any documentary evidence to substantiate cash deposited in her bank account, the addition of Rs. 2,88,000/- (4,00,000-1,12,000) after giving credit for business income was made under section 69A of the Act. 5. Being aggrieved, the assessee carried the matter in appeal before the Ld. CIT(A). 6. As per the findings recorded by the Ld. CIT(A), the claim of gift received / taken in cash between and among different family members during different years is rejected and consequently the effect of such cash receipts / payments is ignored i.e, neither credit is given for cash gifts received nor any addition on account of alleged cash gifts given or taken was sustained. 6.1 Further regarding the addition made by the AO, the ld CIT(A) has stated that during the course of appellate proceedings, the assessee was asked to file a revised cash flow statement by taking the opening cash balance as NIL and ignoring the cash gift given or taken because the gifts given or taken during the different years among the family members w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ere is a short fall of cash of Rs. 2,11,505/- on 31/03/2012 which can easily be met from past savings otherwise there is no shortfall of cash in the case of the assessee at any point in time. It was accordingly submitted that there is no concession which has been made by the Ld. AR on behalf of the assessee and therefore the limited prayer of the assessee in terms of allowing an opportunity to demonstrate opening cash in hand may be allowed. 11. We have heard the rival contentions and purused the material available on record. During the course of assessment proceedings, the AO observed that the assessee has deposited a sum of Rs. 4,00,000/- in her saving bank account and car loan account and as per return of income, the assessee has only received Rs. 1,12,000/- in cash as business income and in absence of any other documentary evidence to substantiate cash deposited in her bank account, the addition of Rs. 2,88,000/- after giving credit for business income was made under section 69A of the Act. During the appellate proceedings, the ld CIT(A) has restricted the addition to Rs 2,11,505/- relaying on the cash flow statement submitted by the assessee and remaining addition has been di ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 326/Chd/2022 relating to disallowance of exemption claimed u/s 10(14)(i) in respect of conveyance allowance, we refer to the relevant facts and findings of the Ld. CIT(A) which read as under: "4.3 Ground of Appeal No. 6 relate to addition of Rs. 7,00,000/- on account of disallowance of conveyance allowance. The AO has mentioned that the assessee has shown to have received Rs. 7,00,000/- as conveyance allowance which has been claimed exempt u/s 10(14)(i) of the Income Tax Act, 1961. The AO has further mentioned that on perusal of assessee's bank account and assessee's account in the books of M/s. Pancham Jewellers Pvt. Ltd., no corresponding expenses have been shown in the performance of duties of Director. Therefore, as per the AO, in the absence of evidence of Rs. 7,00,000/- incurred in the performance of duties, the deduction of Conveyance allowance cannot be allowed because as per the AO, this is allowable only when the assessee has spent equivalent amount in the performance of duties. Accordingly, the deduction claimed by the assessee u/s 10(14)(i) was disallowed and addition of Rs. 7,00,000/- was made. The facts of the case, basis of addition by the AO and the argu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d one more opportunity to place these documents and which can be examined by the AO. The ld DR didn't raise any specific objection where the matter is set-aside to the file of the AO. 16. In view of the submissions made before us, the matter is set-aside to the file of the AO to examine the matter afresh after taking into consideration the submissions and documentation in support of claim of expenditure by the assessee and decide the matter as per law after providing reasonable opportunity to the assessee. In the result, the ground no. 01 of assessee's appeal is allowed for statistical purposes. 17. In rest all appeals, both the parties fairly submitted that similar grounds of appeal have been raised by the respective assessees in respect of which addition has been sustained by the ld CIT(A) u/s 69A and the facts and circumstances of the cases are exactly identical except for the difference in the amount involved. It has been further submitted that in ITA Nos. 327/Chd/2022, similar to ITA No. 326/Chd/2022, there is an additional ground of appeal relating to disallowance of exemption claimed u/s 10(14)(i) in respect of conveyance allowance. Therefore, our findings and directions c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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