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2012 (2) TMI 33

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.... family. Her husband i.e. Sunil Kumar Kaushal is also a professional and is working as an agent providing service to the public at large in getting the Driving Licenses and other route permits etc. from the office of the RTO, Jaipur. Thus, the assessee's case comes from a lower middle class family. It is also mentioned that the assessee started part time job of stitching at home in unorganized and casual manner for last few years and was having income in the vicinity of Rs.1.25 lakhs approximately for which she had been filing Income Tax Returns regularly for last few years. It was found that during the year under consideration, she was appointed as a Collecting Agent by M/s. Jai Ambey Ganga Chemicals (P) Ltd; Hanumangarh. She was required ....

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....ee was doing the job of collection of payment to whom the supplies were made by the company in the area of Jaipur and surrounding. As per the instruction of the company, the assessee was collecting the payment in cash. The entire amount collected on behalf of the assessee was being deposited in the bank account and thereafter the DDs were prepared from time to time and were sent to the company. The company has given commission for collection of payment @ 1% to the assessee. Thereafter, the assessee was required to explain the source of deposits. As per order of the AO, no source of cash was produced. Accordingly, he drew adverse inference against the assessee and made the addition of Rs.46,55,800/- deposited in the financial year 2006-07. T....

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....book. After considering all these details, we noticed that M/s. Jai Ambey Ganga Chemicals Pvt. Ltd; Hanumangarh, appointed the assessee as Collecting Agent. The affidavit of Sh. Subhash Chander Singla S/o Sh. Hardyalmal Singla, Director of the M/s. Jai Ambey Ganga Chemicals Pvt. Ltd; Hanumangarh, was filed before the AO as well as the CIT(A). In this affidavit, it has been categorically mentioned that the assessee was appointed as Collecting Agent on behalf of the company to collect the money against the supplies made by the company to various customers. Therefore, there remains no doubt that the assessee was not Collecting Agent. It is further seen that the assessee is an ordinary lady and is not much of mean, who can deposit her own unexp....

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....t in the bank account and thereafter it was found that the amount was transferred from Jaipur account, on account of collection of material. It was also found that the company had supplied material in Jaipur and around Jaipur and thereafter the assessee had collected money and after depositing in her bank account, got prepared the DDs and sent to M/s. Jai Ambey Ganga Chemicals Pvt. Ltd. Statement of the assessee was also recorded by which it was admitted that she was appointed as Collecting Agent. The statement was recorded while the assessment proceedings were going on in the case of M/s. Jai Ambey Ganga Chemicals Pvt. Ltd. From all these facts and circumstances, it is amply proved that the assessee was a Collecting Agent of M/s. Jai Ambey....