AI Drafter 
TaxTMI 
TaxTMI 
2022 (10) TMI 761
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....ome Tax Act 1961, [in brevity the Act] for A.Y. 2017-18.The impugned order was emanated from the order of the ld. Income Tax Officer, Ward 2(5), Muktsar, (in brevity the AO) order passed u/s 144of the Act date of order 03.12.2019. The assessee has raised the following grounds: "1. That the Ld.CIT(A) has erred on facts and Law in confirming the action of the Assessing Officer of assessing the income of the assessee at Rs. 10,65,000 + 3,00,000 (A.1) by the order u/s 250 dated 17.06.2022, despite the fact that the assessee had made a request for adjournment and sought time upto the 30th of June 2022, for which, the adjournment letter was filed on 30.05.2022. 2. That prior to above date, the assessee was prevented by sufficien....
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....king the provisions of section 115BBE to charge the tax on the same. 7. That the appellant craves leave to add, amend or alter any grounds of appeal before the appeal is finally heard or disposed off." 2. The brief fact of the case is that the assessee deposited cash during demonetisation period, in following manners with date and amounts are reflected in the chart below: Date Amount 28.11.2016 Rs.,5,35,000/- 28.11.2016 Rs.3,25,000/- 28.11.2016 Rs.4,18,000/- Total 12,78,000/- The said cash was deposited in the bank account of the assessee. The assessee was asked for the explanation and the source was explained by the assessee before the ld. AO. The ld. AO accepted Rs.2,15,000/- as deemed deposit.....
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.... 28/04/2010 from Bank of India. Copy of Bank account attached herewith. Assessee in her submissions has claimed to have 12.5 Acres of agricultural land whereas as per Jamabandi furnished by her, she is the owner of 6 Acre agricultural land only. In addition to this, she has not furnished any evidence of selling crops to earn her agricultural income. Further, she has maintained three limit accounts simultaneously reason best known to her but from the perusal of these accounts, it is clear that after availing limits from these accounts, she has never tried to settle her limit accounts whereas normally, limit accounts are settled after every six month at the end of crop season. From this fact it is clear that she had utilised the amou....
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....d below for clear understanding of fact: "3. Further, it is submitted that the confirmation of addition by the Ld. CIT(A) is not in order because as per CBDT Instructions, the benefit of cash of Rs. 2.50 lakh as per Instruction placed at pages 1 to 8 of Paper Book has to be given to the housewife and whereas the lady is having agricultural income, more benefit could be given and such instructions are binding upon on all the Officers of Govt, under the charge of CBDT. This has been affirmed as per copy of the judgment of Agra Bench of Hon'ble ITAT, placed in the paper book at pages 66 to 76 and, thus, the benefit of minimum cash of Rs.2,50,000/- needs to be given, though since the lady is having agricultural income, total benefit of....
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....ncome Tax Officer, Ward-3(2), Ludhiana reported in [2019] 108 taxmann.com 123 (Chandigarh Trib.), dated 03.07.2019. Placed at pages 40-44 of PB. vi) Copy of judgment in the case of Gordhan Vs ITO Ward-1 (2), Gurgaon in ITANo. 811 /Del/2015 for Assessment Year 2011-12. Placed at pages 45-49 of PB. 5. Copies of the judgments have been placed in the 'judgement set' separately filed. Thus, in nutshell on merits and after considering the above judgments, the assessee submits as under: - a) The availability of funds as per CBDT instructions to the housewife Rs. 2.5 lakh + Rs.150 lakh as the Lady is agriculturist. Rs. 4,00,000/- b) Amount of withdrawal on 17.07.2015 as per page-3 of the Paper Book. Rs. 4,91,000/....
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....8.04.2016 from Bank of India. The copy of the bank statement also attached in page no. 2 to 6 of APB. The assessee had also taken the gold loan and reflected in the bank account, also annexed in page no. 7 to 8 of APB. So, the entire amount was duly explained at source for depositing the cash in the bank account. The ld. Sr. DR was not strongly made any objection in relation to the fact of the cases which was duly explained by the assessee. The next issue of the assessee is related to implication of tax u/s 115BBE rws section 69. The ld. Counsel has respectfully reffered the order of the Coordinate Bench of ITAT, Chandigarh, in the case of Gandhi Ram Vs. PCIT ITA No. 121/Chd/2021 date of order 04.08.2022. the observation of the bench in rel....