TaxTMI 
TaxTMI 
2015 (7) TMI 771
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....rinpurwa Branch, Fazalganj, Kanpur, standing in the names of "Rajendra Kumar Chopra Harish Kumar Chopra 2,16,843 2. BECAUSE none of the additions as aforesaid as have been made/sustained by the authorities below fell under the definition of "un-disclosed income" as contained in section 158BB of the "Act" and no part of the same could have been sustained either on facts or on law. WITHOUT PREJUDICE TO THE AFORESAID 3. BECAUSE Smt. Suman Bala Chopra, wife of the "appellant" had 'deposit' with M/s. Sanjay Textile, Kanpur in her own name as also in her own rights and in the absence of any material to the contrary found during the course of search under section 132(1), no such addition could have been made / sustained in the block period assessment. 4. BECAUSE source of deposits in the two bank accounts aggregating Rs. 3,75,653/- (Rs.1,58,810 + 2,16,843) stood fully explained and covered from the incomes disclosed by the "appellant" in the 'returns' filed in regular course and the 'Authorities' below have grievously erred in not giving benefit of 'assessed income' and in making/sustaining the addition f....
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....de from the office of R.T.O. During the course of the assessment proceeding it had been explained that insurance co. had wrongly mentioned the name of the appellant in the cover note and in support of this contention, a corrected cover note was a/so placed on record. Thus, this addition of Rs. 3,107/- was not justified." 5.1 From the above Para from the order of learned CIT(A), it is seen that it is the assertion of the assessee that the concerned truck No. UP 78 B 1033 belonged to Shri Rakesh Kumar Chopra, nephew of the assessee and it is also asserted by the assessee before learned CIT(A) that such a fact had been got clarified by the A.O. through enquiries made from the office of R.T.O. This assertion of the assessee could not be controverted by any of the authorities below or by Learned D.R. of the Revenue. In our considered opinion, when the concerned vehicle is belonging to Shri Rakesh Kumar Chopra, this should be accepted that the payment was made by him only and since Shri Rakesh Kumar Chopra is nephew of the assessee, it is not very unusual to find a receipt of the nephew of the assessee at the place of the assessee and under these facts, we feel that the additio....
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....y the assessee to his spouse otherwise than for adequate consideration and the income in dispute is accruing on such asset which was so transferred by the assessee to his spouse. As per the assessment order, there is no such allegation of the Assessing Officer and nothing has been brought on record by the Assessing Officer to establish that the amount standing in the name of the wife of the assessee in the books of M/s Sanjay Textiles, Kanpur has been transferred by the assessee to his spouse without adequate consideration. It was also submitted by the assessee before the CIT(A) as per his submission reproduced by CIT(A) in Para 5.1 of his order that the Assessing Officer has proceeded on this basis that the wife of the assessee was not assessed to tax but this is ignored that necessary details of assessment of Suman Bala Chopra was produced in respect of post search years and for earlier period, she was not enjoying taxable income and therefore, no return was filed by her. As per year-wise detail of the impugned interest income reproduced by the Assessing Officer in Para 13 of the assessment order, we find that the maximum amount in one year is 13,231/- in assessment year 2001-200....
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....me contentions which were made before learned CIT(A) and which have been reproduced by him in Para 6.1.2 of his order. 11. Learned D. R. of the Revenue supported the orders of the authorities below. 12. We have considered the rival submissions. First of all we reproduce the relevant Para from the order of learned CIT(A) i.e. Para 6.1.2 where learned CIT(A) has reproduced the written submissions made by Learned A.R. of the assessee before him, which is as under: "6.1.2 Assessee in the submission filed has stated as under: A/c No.-1863 Allahabad Bank A/c No.-709 United Mercantile Co-operative Bank Ltd. The entire deposits in the said two bank account represents the receipts on account of truck plying business in shape of freight from various parties and the same were being withdrawn regularly for making the payments relating to the trucks like diesel, driver's salary, maintenance and other misc. road expenses incurred by the drivers. The appellant has shown the income from truck plying business as per provisions of section 44 AE of the I.T. Act, 1961 and the net income including the income on the deposits in these accoun....
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....se trucks. For assessment year 2000-2001 also, same amount was disclosed in respect of these trucks. For assessment year 20001-2002 also, the assessee worked out the income in respect of these two trucks and one more truck at Rs. 72,000/- but declared income of Rs. 90,000/-. In the light of these facts, we also examine the finding of the Assessing Officer in the assessment order on pages 5 to 7 of the assessment order and there, it is noted that in course of block assessment proceedings, information u/s 133(6) was called for from M/s Dinesh Oils Ltd., Kanpur regarding the business transaction with the assessee during the block period and it was indicated by that company that they have paid certain freight charges to the assessee on different dates i.e. financial year 1998-99 and 1999-2000. Thereafter, the Assessing Officer examined the assessee and the statement was obtained on 27/08/2004 of the assessee. Thereafter on page No. 7, it is noted by the Assessing Officer that after ascertaining the details of the banks where the cheques were presented for collection by the assessee, copies of bank statements relating to the block period was obtained from the banks and it was found that....