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12-07-2019, Krishan Kumar, Section 148, 69, 68, Tribunal Delhi

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3 months 6 days ago #10061 by amit
Section - 148, 69, 68
Order Date - 12-07-2019
Favouring - Revenue
Court - Tribunal Delhi
Appellant - Krishan Kumar
Respondent - ITO
Justice - Bhavnesh Saini JM & Dr. B. R. R. Kumar AM
Citation - 719Taxpundit158
Appeal No. - ITA.No.139/Del./2016
Asstt. Year - 2011-2012

Order

PER : BHAVNESH SAINI, J.M.

This appeal by Assessee has been directed against the Order of the Ld. CIT(A)-15, Delhi, Dated 19.10.2015, for the A.Y. 2011-2012.

2. We have heard the Learned Representative of both the parties and perused the material available on record.

3. The Ld. D.R. also produced the assessment record and placed on record copies therefrom which are perused.

4. Briefly the facts of the case are that return of income declaring an income of Rs.2,93,490/- was e-filed on 12.03.2012. Notice under section 148 of the I.T.Act 1961, dated 26.03.2013 was issued on the basis of information obtained from DIT (Inv). During the course of investigation proceedings in respect of suspicious Financial transaction by Shri Satish Kumar, assesses had categorically admitted on oath that Rs.49.50 lakhs was received from his deceased mother which could not be proved with evidence and hence remained unexplained and undisclosed and therefore, notice under section 148 of the Act was issued. During the course of reassessment proceedings, perusal of statement of affairs filed by the assessee had revealed that the assessee had made investment in plot amounting to Rs.51 lakhs. Regarding source of the same it was stated that the said amount was paid out of cash deposits of Rs.49,50,000/- in saving bank account no xxx8109 made during F.Y 2010-11. Regarding source of the same, the assessee had stated that he had received the cash as gift from his deceased mother. However, no evidence thereof could be furnished to establish the genuineness of the transaction and creditworthiness of the donor. In absence of the same, the investment remains unexplained and the same was added as income under section 69 of the I.T. Act 1961.

3. The above addition was challenged before the Ld. CIT(A). Written submissions of the assessee is reproduced in the appellate order in which it was explained that assessee’s mother Smt. Shanti Devi was around 85 years old sick lady. She is house wife and she was not having any bank accounts dealing mainly in cash. Regarding creditworthiness of donor it was submitted that assessee’s mother has sold its 200 Sq. yards out of Total Area 400 Sq. yards She had sold 100 Sq. yards each on 27.07.2010 and 21.08.2010 of Rs.13,75,000/- and Rs.14,60,000/- by cash. Copy of the Sale Agreement and GPA were filed. The assessee’s real brother Mr. Sukhbir Singh also sold his plot on February, 2010 and give cash to his mother after withdrawing the amount of Rs.13,00,000/-. Smt. Shanti Devi has given cash to the assessee for purchasing property. Copy of Agreement to sell and copy of bank pass book were filed. It was, therefore, submitted that mother of assessee was having creditworthiness and amount was given to the assessee out of sale of the property and her savings. Copy of the death certificate was also filed. The submissions of the assessee were forwarded to the A.O. for his comments in which the A.O. reiterated the same facts as noted in the assessment order and also noted that Counsel for Assessee took adjournment initially and filed copy of ITR and computation of income and thereafter, none attended the proceedings. The Counsel for Assessee attended later on and filed balance sheet along with copy of the agreement. The A.O. requested the additional evidences should not be admitted and assessee may be asked to produce further documents on record. The assessee in the rejoinder reiterated the same facts stated before A.O. The Ld. CIT(A), however, confirmed the addition on merit and dismissed the appeal of assessee. His findings in para-6 of the Order is reproduced as under :

“6. I have considered the facts of the case and gone through the submissions of appellant. The perusal of bank statement of the appellant reveals that the cash
amounts of Rs.21,00,000/-, 19,50,000/- and Rs.9,00,000/- have been deposited on 22.09.2010 (first two deposits) and 23.09.2010 (third deposit) respectively. While explaining the source of these cash deposits, appellant has stated that he received the amounts of Rs.13,75,000/- and Rs.14,60,000/- by cash as gifts from his mother who had sold part of land measuring 100 so. yards each on 27.07.2010 and 21.08.2010. It has been further stated that his brother Mr. Sukhbir Singh also sold his plot in February 2010 and gave cash to his mother after withdrawing the amount of Rs.13,00,000/- out of this sale consideration which was in turn given by mother to appellant for the purpose of depositing it in bank account. In this way, the appellant has tried to explain the source of cash

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