TMI Blog2023 (2) TMI 416X X X X Extracts X X X X X X X X Extracts X X X X ..... e assessee to provide explanation and substantiate the same through appropriate documentation. Where the assessee claims that the deposits during the year are out of opening cash in hand from her past savings and income, the assessee cannot be denied an opportunity to put forth her explanation. It is only the real income in the hands of the assessee which can be brought to tax and it is incumbent on part of the Revenue to allow such an opportunity to the assessee and let s the explanation so submitted and documentation in support so furnished be tested and examined and basis such examination, the AO can take an appropriate view in the matter as per law. In light of aforesaid, the contention of the ld DR regarding concession made by Assessee during the appellate proceedings cannot be accepted and the prayer of the assessee is allowed. The matter is accordingly set-aside to the file of the AO for the limited purposes of examination the quantum and availability of opening cash-in-hand in the assessee and to consider the same for the purposes of drawing the cash flow statement and determining the peak cash balance in the hands of the assessee and decide the matter as per law afte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... documentary evidence regarding availability of cash. It was further held by the AO that the cash gift given by the assessee will be considered in the respective hands accordingly as far as the cash gifts were considered no addition was made in the hands of the assessee. 4.2 Further, 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 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 sustaine ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g of the revised cash flow statement and therefore the assessee cannot agitate the same issue again before the Tribunal. 10. In his rejoinder the Ld. AR draw our reference to the submissions made before the Ld. CIT(A) wherein the assessee has submitted the revised cash flow statement without considering the gift received and given and therein it was submitted that there 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 othe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reasonable opportunity to the assessee. In the result, ground no. 1 and 2 are allowed for statistical purposes 12. Ground no. 3 is dismissed as infructious in absence of any arguments during the course of hearing. 13. In the result, the appeal of the assessee is disposed off in light of aforesaid directions. 14. Now, coming to the separate ground of appeal in ITA Nos. 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 perfo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ptable and the disallowance made by the AO is upheld. Accordingly, this ground of appeal is dismissed. 15. During the course of hearing, the ld AR submitted that during the appellate proceedings, the assessee has filed certain documents as proof of payment for fuel and driver salary which has not been considered by the ld CIT(A) and it was submitted that the assessee may be allowed 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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