TaxTMI 
TaxTMI 
2018 (6) TMI 1229
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.... 28- 12-2010 admitting total income at Rs. 27,580/-. During the course of assessment, Assessing Officer (AO) noticed that there were cash deposits in A/c No. 403309318 maintained with Indian Bank, Srinagar Colony, Hyderabad. The details of cash deposits are as under: Sl. No. Date Particulars Amount (Rs) 1 21-07-2009 Interest 84 2 24-11-2009 By cash deposit Deposit by self 3,27,000 3 25-11-2009 By cash deposit Deposit by self 3,66,080 4 26-11-2009 By cash deposit Deposit by self 3,00,000 5 27-11-2009 By cash deposit Deposit by self 3,00,000 6 29-11-2009 By cash deposit Deposit by self 3,00,000 7 28-02-2010 By cash deposit Deposit by self 1,78,800 ....
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....de India and relied on the following decisions: a) S. Hastimal Vs CIT (1963) [49 ITR 273] (Mad); b) Tolaram Daga Vs CIT (1966) [59 ITR 632] (Assam.); c) CIT Vs Daulat Ram Ramatmull, (1973) [87 ITR 349] (SC); d) Sarogi Credit Corporation Vs CIT (1976) [103, ITR 344] (Pat); e) Rohini Builders (2002) [256 ITR 360] (Guj); f) Nemichand Kothari Vs CIT (2003) [264 ITR 254]; g) CIT Vs HS Builders Pvt Ltd (2012) [254 CTR (Raj) 542]; 3. Ld.CIT(A) directed the AO to submit a remand report on the written submissions filed by assessee. With regard to the deposits made on 25-11-2009 and 29-11-2009 in Indian Bank which are claimed to be gifts given by assessee's father, AO stated that l....
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....ed for the first time vide letter 27.06.2016 and could not be submitted to the Assessing Officer during assessment proceedings due to paucity of time and requested to admit the same as additional evidence. 11.6 As per the reasons given by the Assessing Officer in the remand report, these documents are not admitted as additional evidence. The bank account No. 40330931-8 is already on record and account numbers 406690550, 403307479 are also on record. Copy of the tax return is also available on record. As such, these are not additional evidences and hence, not admitted. The appellant in spite of giving several opportunities did not prove the sources for cash deposits made in the bank account no. 403309318 maintained in Indian Bank, S....
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.... 3,27,000 Out of cash withdrawal 5,00,000 on 12.11.2009 & deposited in 24.11.2009 18 & 22 3 25.11.2009 By Self 3,66,080 Out of cash withdrawal 5,00,000 amount on 12.11.2009, 3,27,000 was deposited in 24.11.2009 balance amount 1,73,000 in 25.11.2009 plus 1,93,000 given by father deposited in bank as on 25.11.09 1 & 17 4 26.11.2009 By Self 3,00,000 Deposited out of savings i.e., salary earned in US 24 & 25 5 27.11.2009 By Self 3,00,000 Deposited out of saving i.e., salary earned in u/s. 24 & 25 6 29.11.2009 By Self 3,00,000 Cash given by father deposited in bank 1 7 28.02.2010 By Self 1,78,800 Deposited out of savings i.e., salary earned in u/s. ....
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....on remand to AO under Rule 46A, he cannot go back and refuse the same at a later stage. The procedure followed by CIT(A) is not according to the prescribed procedures and also against the principles of natural justice. 8. Coming to the merits of the addition, it is very clear that an amount of Rs. 5 Lakhs has been withdrawn from account of assessee's NRE A/c, to that extent amount should have been given credit by the authorities. An amount of Rs. 10,78,800/- was deposited out of the so called traveler cheques and out of assessee's own funds, assessee being NRI and having substantial withdrawals from the US and also on the fact that he is a globe trotter being a senior employee. The explanation given by assessee cannot be simply rejected ....