AI OCR 
TaxTMI 
TaxTMI 
TaxTMI 
2017 (2) TMI 448
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....er and has instead gone on to sustain the addition of Rs. 1,00,000/- made by the AO, merely on taking an unsupported overview of the entire matter. The said addition deserves to be deleted. 4. That the ld CIT (A) has failed to appreciate the facts and circumstances governing the impugned matter and has instead gone on to sustain the addition of Rs. 40,000/- made by the AO, merely on taking an unsupported overview of the entire matter. The said addition deserves to be deleted. 5. That the ld CIT (A) has failed to appreciate the facts and circumstances governing the impugned matter and has instead gone on to sustain the addition of Rs. 1,00,000/- made by the AO, merely on taking an unsupported overview of the entire matter. The said addition deserves to be deleted. 6. That the Id CIT (A) has failed to appreciate the facts and circumstances governing the impugned matter and has instead gone on to sustain the addition of Rs. 2,00,000/- made by the AO, merely on taking an unsupported overview of the entire matter. The said addition deserves to be deleted. 7. That the Id CIT (A) has failed to appreciate the facts and circumstances governing the impugned matter and has instead gon....
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....: "Cash Deposit of Rs. 70,000/- On 13.05.2008:- In this respect assessee explained the source of deposit that it is "Sale of Suger Cane". This contention of the assessee is wholly devoid of merit and liable to be rejected on several grounds as follows:- i) Vide order sheet entry dated:02.08.2011 assessee was specifically asked to furnish the Name & complete address of the Institution / Person to whom Suger Cane & Wheat were sold. Further on this very day assessee was asked to furnish the Quantity of Suger Cane & Wheat & the rate @ on which Suger Cane & Wheat were sold. But assessee neither could furnish the name & Complete address of the Persons/Institution whom Suger Cane & Wheat were sold nor he could furnish its rate per quintal & its quantity. ii) Assessee could not furnish any credible evidence in respect of Sale proceeds of -. "Suger Cane." In other words, assessee could not substantiate this deposit with credible evidence. iii) Above all, assessee has not disclosed or shown any agricultural income in his returns of income filed before the department on 29.03.2010 for the relevant assessment year of 2009-10. iv) On going over frequency of transaction of the bank pass....
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....are mortgaged before the Oriental Bank of Commerce, Charora, Anoopshahar, Bulandshahar. And the persons who are showing their lands are given to assessee on lease has also mortgaged their land before the Oriental Bank of Commerce, Charora, Anoopshahar, BSR. Hence contention/explanation of the assessee is not satisfactory. Since, assessee fail to explain the exact sources of above deposits of Rs. 4,98,000/-, hence, addition of Rs. 4,98,000/- is being hereby made to the total income of the assessee on account of Cash deposit into the bank account of the assessee from undisclosed sources. [Addition: Rs. 4,98,000/-]. Cash Deposit of Rs. 1,00,000/- on 23.06.2008:- In this respect assessee explained the source of deposit that it is "Sale of wheat". This contention of the assessee is wholly devoid of merit and liable to be rejected on several grounds as follows:- i) Vide ordersheet entry dated:02.08.2011 assessee was specifically asked to furnish the Name & complete address of the Institution/Person to whom Suger Cane & Wheat were sold. Further on this very day assessee was asked to furnish the Quantity of Suger Cane & Wheat & the rate @ on which Suger Cane & Wheat were sold. But as....
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....e source of deposit that it is "Receipt from Sale of Suger Cane". This contention of the assessee is wholly devoid of merit and liable to be rejected on several grounds as follows:- i) Vide order sheet entry dated:02.08.2011 assessee was specifically asked to furnish the Name & complete address of the Institution/Person to whom Suger Cane & Wheat were sold. Further on this very day assessee was asked to furnish the Quantity of Suger Cane & Wheat & the rate @ on which Suger Cane & Wheat were sold. But assessee neither could furnish the name & Complete address of the Persons/Institution whom Suger Cane & Wheat were sold nor he could furnish its rate per quintal & its quantity. ii) Assessee could not furnish any credible evidence in respect of Sale proceeds of -"Suger Cane." In other words, assessee could not substantiate this deposit with credible evidence. iii) Above all, assessee has not disclosed or shown any agricultural income in his returns of income filed before the department on 29.03.2010 for the relevant assessment year of 2009-10. iv) On going over frequency of transaction of the bank pass book of the same financial year it was found that all the sale proceeds from....
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...., Anoopshahar, Bulandshahar. And the persons who are showing their lands are given to assessee on lease has also mortgaged their land before the Oriental Bank of Commerce, Charora, Anoopshahar, BSR. Hence contention/explanation of the assessee is not satisfactory. Since, assessee fail to explain the exact sources of above deposits of Rs. 2,00,000/-, hence, addition of Rs. 2,00,000/- is being hereby made to the total income of the assessee on account of Cash deposit into the bank account of the assessee from undisclosed sources. [Addition: Rs. 2,00,000/-]. Cash deposit of Rs. 4,00,000/- On 09.02.2009:- In this respect assesses explained the source of cash deposit of Rs. 4,00,000/- are "Cash Loan from Shri Harendra Kumar for DD to Pawan Kumar Agarwal & Rekha Devi Agarwal, R/o - Silliguri, Rs. 2,00,0007- each." To examine the veracity of this cash loan vide Order Sheet entry dated: 02.08.2011, 17.08.2011 and 12.09.2011, assessee was specifically asked to produce Mr. Harender Kumar, so that this cash loan could be examined properly. But assessee failed to produce Mr. Harender Kumar. None the less, on 19.09.2011 a summon U/s-131 was issued fixing the date therein for 29.09.2011, f....
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....rely stated that as the agricultural income does not invite taxation, the appellant did not prefer to show any agricultural income. The AO has also made an observation that the sale proceeds from sugar cane are received through cheques. On this point the AR has not made any comment. 5.5 On the basis of above facts, I have come to a conclusion that the AO has rightly made these additions. The addition of Rs. 14,08,000/- made on account of unexplained cash deposits is sustained. The grounds of appeal Nos. 4 to 10 are accordingly dismissed." 8. Now the assessee is in appeal. The ld. Counsel for the assessee reiterated the submissions made before the authorities below and further submitted that the assessee resides in a joint family and owns a total of 72 Bighas at Village- Charora, Tehsil Anoopshahar, District- Bulandshahar and had taken 85 Bighas on batai (lease) from various persons and cultivated total land measuring 157 Bighas but neither the AO nor the ld. CIT(A) considered the facts of the present case in right perspective and even if the assessee's income is estimated @ Rs. 9,000/- per Bigha, the total agricultural income was at Rs. 14,13,000/- and after adjusting the payme....