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TMI Blog2024 (6) TMI 1207X X X X Extracts X X X X X X X X Extracts X X X X ..... Gautam Budh Nagar (hereinafter referred to as "ld. AO"). 2. The assessee has raised the following grounds of appeal : - "1. That the assessment order passed u/s of the Income Tax Act, 1961 on 21.12.2019, as upheld by CIT(A) on 11.08.2023 is perverse to the law and tot eh facts of the case, because of the issuance and service of unsigned notice u/s 143(2) on 14.08.2018 and unsigned order on 21.12.2019, as such the orders passed become non est as having no locus standi under the law. 2. That the order passed further becomes illegal as not tenable under the law and to the facts of the case, because of viewing and holding the declared legitimate amount of Rs. 15 lakhs, as being withdrawn from her bank account, as unexplained u/s 69A of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... charged, which has charged to tax u/s 69A of the Income Tax Act, 1961 for the year under assessment. 7. That the illegal and impugned additions so made are incorrect under the law and to the facts of the case as the Assessing Officer was not having any documents, material either collected, possessed or ever confronted that the appellant has earned and not disclosed her income Rs. 15 lakhs if any be earned from any of undisclosed sources. 8. That the Ld. CIT(A) further failed to adjudicate the legal issues raised on merits therefore, upholding the illegal and impugned additions so made of RS. 15 lakhs by the Assessing Officer was incorrect under the law and to the facts of the case, as such not tenable. 9. That the assessment order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l." 3. Though the assessee has raised several grounds of appeal on merits, the only effective issue is to be decided in this appeal is as to whether the ld CIT(A) was justified in confirming the addition made on account of cash deposit made in the bank account during the demonetization period in the sum of Rs. 15 lakhs u/s 69A of the Act in the facts and circumstances of the instant case. 4. I have heard the rival submissions and perused the material available on record. The assessee is an individual and had filed return of income for AY 2017- 18 on 28.03.2013 declaring taxable income of Rs. 3,23,220/-. The case of the assessee was selected for limited scrutiny through Computer Assisted Selection of Cases for Scrutiny (CASS) to examine l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... yment of remaining sum of Rs. 14,50,000/-. The assessee's son brought back the cash of Rs. 14,50,000/-. On the way on 08.10.2015, when the assessee's son and his accomplice were returning from Lucknow in a car bearing registration No. DL1CP 7958, they were intercepted by the Firozabad Police authorities and since the source of withdrawal of cash was proved by the assessee's son, the Hon"ble District Magistrate of Firozabad released the entire cash of Rs. 14,50,000/- to the assessee's son. Thereafter, the assessee along with her son kept on enquiring with the medical college regarding the seat based on the newspaper report published in the local newspapers. The same lasted for more than a year. In the mean time, the affected students knocked ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 015 to 31.12.2016 which is reproduced hereunder : - 7. From the above, it could be seen that the source of cash deposits is clearly explainable from the cash withdrawal made earlier which is reflected in the same bank account. The reason for holding huge cash of Rs. 15 lakhs for a period of 14 months had also been explained by the assessee as she had to pay the requisite fees to the medical college within three days from the date of intimation by the College management. Further, the assessee had also explained the source of withdrawal of cash to be out of maturity proceeds of fixed deposits which is also evident from the bank statement reproduced supra. Hence, I have no hesitation in deleting the addition made on account of cash deposit u/ ..... X X X X Extracts X X X X X X X X Extracts X X X X
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