TaxTMI 
TaxTMI 
2010 (8) TMI 59
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....llowing substantial question of law arises for consideration: "Whether the order of the learned Tribunal as well as Authorities below suffers from a fundamental error and illegality in adding Rs. 2,26,592 as unexplained cash credits to the assessment of the appellant, when the amount was paid by cheque from the account of Shri Rajiv Garg and Mrs. Yojana Garg to HUDCO and later on the same proceed....
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..... Since he was sent away on duty, he had instructed his real sister Mrs. Yojana Garg and brother-in-law (sister's husband) Rajiv Garg to make the payments of monthly installments to the U.P. Awas Vikas Parishad in his absence. Both Mrs. Yojana Garg and Mr. Rajiv Garg, under instructions from the appellant, made payments to the extent of Rs. 2,26,592 from their joint account. The appellant filed hi....
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....37,550 and capital gain of Rs. 35,000 have been sustained by the Tribunal. 6. This appeal is preferred challenging the order of the Tribunal. Insofar as capital gain is concerned, addition to this extent is not pressed in the appeal. We are, thus, concerned with the remaining two additions mentioned above. 7. Regarding addition of Rs. 2,26,592 as unexplained cash credit, the case of the appellan....
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..... Gupta (Father-in-law) and Mr. Manoj Gangal (cousin brother). All these documents are also placed on record. 9. From the order of the Tribunal, we find that these material aspects in support of the version of the assessee that there was proper explanation in respect of the aforesaid amounts has not been given any consideration. It is clear from the amounts of gifts that these are small amounts g....