TaxTMI 
TaxTMI 
2016 (8) TMI 313
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.... on 04.08.2010 declaring an income of Rs. 1,94,007/- after claiming the deduction under chapter-VI of the Income Tax Act, 1961 amounting to Rs. 1,00,000/-. Later on, the case was selected for scrutiny. During the course of assessment proceedings, the AO noticed that there were various deposits and withdrawals in the bank account of the assessee maintained with Axis Bank, Rohtak. The AO asked the assessee to explain the source of each credit entry in the bank account and purpose of withdrawals of debit entries. The assessee in his reply stated that the transactions made in the bank account related to his wife Smt. Sunita Sharma, he also filed an affidavit in this regard. The AO accepted the deposit of Rs. 10,00,000/- which was the advance re....
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....as under: "4.3 AR of the appellant filed written submission dated 14.09.2014. Relevant part of submissions is reproduced here under:- "The 2nd & 3rd ground of appeal is against addition of Rs. 6 lacs on A/c of alleged deposits in bank A/c. The bank account of the appellant is a joint A/c with his wife Smt. Sunita Sharma who is separately assessed to tax under PAN:- AUYPS4407R. Copy of computation of taxable income of the wife, obtained from the record of the Ld. AO is placed at page 1 of the paper book. The affidavit of wife Smt. Sunita Sharma was also filed with the Ld. AO, during the assessment proceedings, to the fact that bank account belongs to her and an affidavit of appellant was also filed. Copy of affidavit of wife Smt. Sunit....
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.... In view of above submission your good self is prayed to please allow this grounds of appeal and delete the addition of Rs. 6 lacs made by the Ld. AO." 6. The ld. CIT(A) after considering the submissions of the assessee restricted the addition to Rs. 3,94,900/- by observing in paras 4.4 and 4.5 of the impugned order as under: 4.4 I have carefully considered the appellant's submissions. It is evident from the facts on record that there have been number of cash withdrawals and cash deposits from the same bank account i.e. Axis Bank. Keeping in view the facts and circumstance of the case, it is evident that the appellant has not filed any cogent evidence in order to establish that the transactions in the bank account relate to the ....
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....9;s claim of opening balance - Rs.1,54,900/- ii) Deposit on 13.04.2009 for which no explanation has been furnished -Rs.40,000/- iii) Amount used for household expenses out of cash withdrawals which has been claimed as a source for cash deposits -Rs.2,00,000/- 4.5 The total addition is accordingly is restricted to Rs. 3,94,900/-. These grounds of appeal are partly allowed." 7. Now the assessee is in appeal. The ld. Counsel for the assessee submitted that the bank account was maintained by the assessee jointly with his wife Smt. Sunita Sharma who is also assessed to tax. However, the said bank account belonged to her and all the deposits in the bank account were either out of the withdrawals or deposited b....