TaxTMI 
TaxTMI 
2018 (11) TMI 510
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....eds. 4. The Ld. CIT(A) has erred in accepting the assessee's plea relating to receipt of Rs. 4,26,420/- from M/s Om Dairy, which was claimed to have been deposited in ICICI Bank account on 11.05.2009, which the assessee could not establish. 5. The Ld. CIT(A) has erred in deleting the addition of household expenses to Rs. 5,00,000/- which appears not be justified keeping in view the status of the assessee, who is owner of three properties and maintaining two luxury cars for her personal purposes. 6. The appellant crave leave to add, allow or amend any/all the grounds of appeal before or during the course of hearing of the appeal." 2. Brief facts of the case are as under: Assessee filed her return of income on 26/03/11 declaring total income of Rs. 4,76,004/-. Subsequently, the case was selected for scrutiny and notice under section 143 (2) of the Income Tax Act, 1961 (the Act) was issued to assessee. In response to the statutory notices, representative of assessee appeared before Ld.AO and filed requisite information as called for. 2.1. AIR information received by Ld.AO reveals that assessee had deposited cash totalling to Rs. 30,15,000/-, in her HDFC bank account and d....
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....not6 make any such claims regarding receipt of advance rent before the A.O. during assessment proceedings. Therefore, addition of Rs. 2,64,000/- is sustained as the appellant's present claim regarding receipt of advance of rent is not supported by any evidence. Thus, the appellant is given relief of Rs. 4,32,000/- only from the above claim regarding source from rental income of Rs. 6,96,000/- and balance addition of Rs. 2,64,000/- (696000-432000) made by A.O. is sustained. 15. Source explained as gifts from parents: Rs. 6,00,000/- The appellant had explained source of cash deposit of Rs. 1,00,000/- on 17.11.2009 in HDFC Bank and cash deposit of Rs. 5,00,000/- on 26.11.2009 in ICICI Bank as gift from her parents. As per the appellant's written submissions during the appellate proceedings dt. 16.1.2015, the appellant had stated during assessment proceedings that she had received cash gift of Rs. 5,09,000/- from her father vide her letter dt. 12.12.2013. The source of gift was explained as his agricultural income. During appellate proceedings, appellant filed a copy of gift deed dt. 17.10.2010 from her father but as the source of gift of Rs. 5,09,000/- is not explained, I am con....
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....4.11.2009, Rs. 6,00,000/- on 12.11.2009 and for Rs. 4,00,000/- on 13.11.2009 in her bank account with ICICI Bank is not acceptable and thus the addition of Rs. 15,00,000/- made by the Assessing Officer under section 68 is sustained. 18. Source explained as from the sale of dairy products: Rs. 7,50,000/- The appellant had explained the source of cash deposit of Rs. 7,50,000/- made on 11.05.2009 in ICICI Bank as from the sale of dairy products for Rs. 7,98,000/-. As per the appellant's written submissions during the appellate proceedings dated 16.01.2015, the appellant during the assessment proceedings had filed confirmation from M/s. Om Dairy for the sale of dairy products for Rs. 4,26,420/- as evidence of sale made by the appellant during the year. During the appellate proceedings, the appellant vide her letter dated 16.01.2015 offered a further income of Rs. 39,923/- being 5% of her income from dairy business of Rs. 7,98,467/- under section 44AF of the Income Tax Act. The appellant did not show any income from dairy business in the return of income filed by her on 26.03.2011 and only house property income was shown in it. Further, the appellant failed to file any evidence du....
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.... on 06.11.2009, Rs. 2,00,000/- deposited on 20.11.2009, Rs. 6,00,000/- deposited on 01.12.2009, Rs. 6,00,000/- deposited on 02.12.2009 and Rs. 4,86,000/- deposited on 03.12.2009 in HDFC Bank, Rs. 5,00,000/- deposited on 30.11.2009 and Rs. 2,63,000/- deposited on 03.12.2009 in ICICI Bank as out of the sale of live stock. The appellant had not shown any income from dairy business in the return of income filed by her on 26.03.2011 but showed only house property income in it. But now the appellant is explaining the source of cash deposit of Rs. 28,17,000/- on various dates as from the sale of the her live stock from her dairy business. As per the appellant's written submissions filed during the appellate proceedings on 16.01.2015, the appellant had filed sale bills of live stock amounting to Rs. 9,13,000/- during the assessment proceedings. On verifying the 6 sale bills submitted by the appellant during the appellate proceedings, it was seen that dates of the sales were 02.04.2009 and 04.04.2009. These sales of cattle in April, 2009 are used to explain the source of cash deposits made by the appellant in her bank accounts in the months of November and December, 2009. As there is a gap ....