TMI Blog2023 (3) TMI 1234X X X X Extracts X X X X X X X X Extracts X X X X ..... ality hospital then it is incumbent upon the assessee to have sufficient financial resources ready in hands to meet any unforeseen serious situation. In such a position if a super senior citizen widow lady having no other means of income is keeping cash in hand then it would not be taken as doubtful conduct of assessee attracting the rigor of taxing provisions to such amount. Obviously after declaration of demonetization the assessee was compel to redeposit the cash amount with her bank and such a situation AO was not correct in treating the cash deposit as assessee s income from undisclosed sources. Therefore authorities below were not justified in making addition in the hands of assessee. Accordingly ground no. 1 of assessee is allowed. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e husband was died on 11.01.2013 and at the time of his death there was cash in his hand amounting to Rs. 1,85,000/- which was received by the assessee as successor wife. The learned counsel also submitted that the opening cash in hands of Sarla Devi was Rs. 1,20,000/- and in addition to this the assessee withdrew Rs. 10,09,000/- from State Bank of India Hansi Branch and Rs. 1,25,000/- from Kotak Mahindra Bank Hansi and these facts are clearly discernable from the copies of the bank statements available at pages 17 to 22 and 23 to 40 of assessee paper book which cannot be disregarded or dismissed. The learned counsel submitted that hence the total cash withdrawal by the assessee from banks was Rs. 11,34,000/- and in addition to that there w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or A.Y. 2017-18. The learned counsel submitted that the additions made by the AO may kindly be deleted. 4. Replying to the above the learned Senior DR submitted the assessee did not filed return of income and what was the reason for keeping such huge cash at home was not properly explained therefore the addition is sustainable and Ld. CIT(A) was right in confirming the same. 5. On careful consideration of submissions, I note that the Ld. Senior DR has not controverted that the assessee is a super senior citizen widow lady suffering with serious illness. It is also not in dispute that the assessee husband expired on 11.01.2013 and cash in the hands of husband amounting to Rs. 1,85,000/- was received by her in the capacity of wife. It i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... authorities below were not justified in making addition in the hands of assessee. Accordingly ground no. 1 of assessee is allowed and AO is directed to delete the addition. 6. Apropos ground no. 2 and 3, I am of the considered view that the interest on FDR received by the assessee amounting of Rs. 95,076/- and widow pension of Rs. 1,00,000/- was admittedly received by the assessee during FY 2016-17 pertaining to A.Y. 2017-18 and hence the Assessing Officer is entitled to take in to consideration these amounts. The factum of payment of interest of Rs. 61,192/- on the loan taken by the assessee against FDR cannot be held as adjustable with the FDR interest received by the assessee. Therefore grounds no. 2 and 3 of assessee are dismissed. T ..... X X X X Extracts X X X X X X X X Extracts X X X X
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