TaxTMI 
TaxTMI 
2022 (5) TMI 102
X X X X Extracts X X X X
X X X X Extracts X X X X
....otal deposit of Rs. 22,20,200/- as unexplained cash deposit and erred and acted illegally in not allowing the receipt from sisters to the tune of Rs. 4,00,000/- and Rs. 5,00,000/-. The learned CIT(A) has erred and acted illegally in confirming the same. ii. Because the learned Assessing Officer has erred and acted illegally in treating the total deposit in bank account as concealed income and erred and acted illegally not allowing the benefit of peak credit. The ld. CIT(A) has erred and acted illegally in confirming the same. iii. Because the assessment is bad both on facts in law and not maintainable." 2. The assessee is an individual and non filer of return of income. The Assessing Officer received the information abo....
X X X X Extracts X X X X
X X X X Extracts X X X X
....any evidence of receiving of the alleged amounts from these persons. The CIT(A) accepted the source of deposits to the extent of Rs. 10 Lac received from his father and uncle of Rs. 5 Lac each out of the sale proceeds of the agricultural land and sustain the addition of the remaining amount of Rs. 12,20,000/-. 3. Before the Tribunal, the learned counsel for the assessee has submitted that the sister of the assessee Smt. Radhika Singh gave gift of Rs. 4 Lac on 9.10.2009 out of the withdrawal of Rs. 6 Lac from UCO Bank account. The said amount has been withdrawn out of the opening balance a confirmation of bank account is also filed by the assessee. He has further submitted that as far as Rs. 5 Lac received from another sister Mamta singh ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....rial on record. The CIT(A) has discussed the matter in para 4 to 7 as under:- "4. During the course of appellate proceedings, it was submitted that the appellant Mr. Vidya Sagar Singh is an unemployed individual son of a farmer carrying out private tuition. During the period under consideration his income was below the maximum amount not chargeable to tax, no return of income was filed. However, return of income has been filed in response to notice u/s 148. It was further submitted that during the year under consideration, the appellant has deposited cash received from his father and uncle from sale proceeds of ancestral agricultural land under family settlement and other close relatives. It was explained that his father Shri Ashok....
X X X X Extracts X X X X
X X X X Extracts X X X X
....07.2009 only. It is important to mention here that in the remand report, the A.O. has not reported about the cash deposit of Rs. 20,000/- made on 16.07.2009. Since only cash of Rs. 22,20,000/- have been deposited and the assessment has been framed on the basis of said deposit, the appellant has to explain only this amount. 5. As regards receipt of cash of Rs. 10,00,000/- from Ashok Kumar Singh and Dilip Kumar Singh (Rs. 5 Lac each), the A.O. has submitted that assesses has failed to adduce documentary evidence in respect of these persons. However, the sale deed in respect of property has been furnished during the course of appellate proceedings shown cash received of Rs. 10,00,000/- by these persons ( a copy of the same was also fo....
X X X X Extracts X X X X
X X X X Extracts X X X X
....adhika Singh so as to advanced Rs. 5,00,000/- and Rs. 4,00,000/- respectively. Further the appellant has also not been able to prove the accumulated saving of Rs. 3,20,000/-. Accordingly, these amounts remains unexplained." 5. Thus, it is clear that out of total addition of Rs. 22,20,00/-, the CIT(A) has accepted the source of deposit of Rs. 10 Lac received from the father and uncle of the assessee as out of sale proceeds of the agricultural land. The CIT(A) has confirmed the addition so far as the claim of Rs. 4 Lac received from Radhika Singh and Rs. 5 Lac from Mamta Singh giving the reasons that the assessee has not proved the creditworthiness of these persons. Since the assessee has produced receipts of transfer of money by his siste....