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TMI Blog2023 (4) TMI 563X X X X Extracts X X X X X X X X Extracts X X X X ..... d on facts & law, for upholding the addition of Rs. 3,00,000/- treating gift received by assessee from his mother & utilized by him for Tour & Travelling expenses as undisclosed income. 3. Because the action is being challenged on facts & law, for upholding the addition of Rs. 3,15,000/- treating rent received from M/s VM Rubber Industries as undisclosed income whereas per assessee TDS thereon has been wrongly deducted by the Tenant u/s 194J instead of 1941 while filing its TDS return. PRAYER For any consequential relief and/or legal claim arising out of this appeal and for any addition, deletion, amendment and modification in the grounds of appeal before the disposal of the same in the interest of substantial justice to the assessee. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is totally unjustified and unsustainable. Therefore, the addition may kindly be deleted. The ld. AR also drew our attention to page 32 of the assessee's paper book wherein the bank statement of M/s Lala Flour Mills in respect of Bank of Baroda account has been shown wherein there are deposits and withdrawals frequently. The ld. AR also drew our attention to para 3 of the first appellate order and submitted that the assessee has submitted detailed submissions before the ld.CIT(A) which were not considered properly and in right perspective. Therefore, the addition may kindly be deleted. 4. The ld. Sr. DR supported the orders of the authorities below and submitted that the assessee should have submitted day-to-day balance in the cash book an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... accounts of the assessee proprietorship firm M/s Lala Flour Mills are audited u/s 44AB of the Act and the assessee has filed audit report in Form No.3CB and 3CD along with audited balance sheet before the AO for verification which has never been disputed by the AO. Therefore, in view of the above, I hold that no addition is called for in the hands of the assessee on account of cash deposits to his bank account since the assessee has successfully demonstrated that the amount so deposited to his bank account is out of withdrawals from the bank account of his proprietorship firm and profit received in cash from the proprietorship firm. Therefore, ground No.1 of the assessee is allowed and the AO is directed to delete the addition. 7. Apropos ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in cash to the assessee. Therefore, the ld. AR submitted that the addition made by the AO and confirmed by the ld.CIT(A) may kindly be deleted. 10. On careful consideration of the above rival submissions, I am of the view that the assessee has submitted affidavit of his mother stating the clear facts that she is holding PAN, but had not filed the return of income during the period under consideration. The ld. Counsel submitted that since her income was lesser than the taxable limit, therefore, she was not filing the return of income for relevant AY 2014- 15. In para 3 of the affidavit, Smt. Angoori Devi clearly stated that she had paid an amount of Rs.5 lakh to Shri Rajesh Kumar Gupta for the purpose of Europe tour during AY 2014-15 which ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... AO as well as the first appellate order. 13. On careful consideration of the above rival submissions, I am of the considered opinion that the assessee is a recipient of rent from his tenant M/s V.M. Rubber Industries. From the copy of computation of income, it is clearly discernible that the assessee has shown rental income of Rs.3,15,000/- in the computation of income and has also claimed deduction u/s 24 of the Act thereon. The main allegation of the authorities below is that the deduction of TDS is defective and deduction of TDS was under the wrong provisions by the tenant. In such a situation, the landlord, who is declaring rental income in his return of income, cannot be blamed for deduction of TDS under wrong provision by the submis ..... X X X X Extracts X X X X X X X X Extracts X X X X
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