TaxTMI 
TaxTMI 
2023 (2) TMI 416
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....16-17 4 ITA No. 321/Chd/2022 Smt. Renu Aggarwal CIT(A)-5, Ludhiana 31/12/2021 2012-13 5 ITA No. 322/Chd/2022 Smt. Renu Aggarwal CIT(A)-5, Ludhiana 31/12/2021 2014-15 6 ITA No. 323/Chd/2022 Smt. Renu Aggarwal CIT(A)-5, Ludhiana 31/12/2021 2015-16 7 ITA No. 326/Chd/2022 Shri Pankul Aggarwal CIT(A)-5, Ludhiana 20/01/2022 2018-19 8 ITA No. 327/Chd/2022 Shri Karan Aggarwal CIT(A)-5, Ludhiana 12/01/2022 2018-19 9 ITA No. 328/Chd/2022 Shri Deepal Aggarwal CIT(A)-5, Ludhiana 10/01/2022 2012-13 10 ITA No. 329/Chd/2022 Shri Deepal Aggarwal CIT(A)-5, Ludhiana 10/01/2022 2013-14 11 ITA No. 330/Chd/2022 Shri Deepal Aggarwal CIT(A)-5, Ludhiana 10/01/2022 2014-15 12 ITA No. 331/Chd/2022 Shri Ramesh Kumar Aggarwal CIT(A)-5, Ludhiana 20/01/2022 2012-13 13 ITA No. 332/Chd/2022 Shri Ramesh Kumar Aggarwal CIT(A)-5, Ludhiana 20/01/2022 2013-14 14 ITA No. 333/Chd/2022 Shri Ramesh Kumar Aggarwal CIT(A)-5, Ludhiana 20/01/2022 2014-15 15 ITA No. 334/Chd/2022 Shri Ramesh Kumar Aggarwal CIT(A)-5, Ludhi....
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.... further held by the AO that the cash gift given by the assessee will be considered in the respective hands accordingly as far as the cash gifts were considered no addition was made in the hands of the assessee. 4.2 Further, the AO observed that the assessee has deposited a sum of Rs. 4,00,000/- in her saving bank account and car loan account and as per return of income, the assessee has only received Rs. 1,12,000/- in cash as business income and in absence of any documentary evidence to substantiate cash deposited in her bank account, the addition of Rs. 2,88,000/- (4,00,000-1,12,000) after giving credit for business income was made under section 69A of the Act. 5. Being aggrieved, the assessee carried the matter in appeal before the Ld. CIT(A). 6. As per the findings recorded by the Ld. CIT(A), the claim of gift received / taken in cash between and among different family members during different years is rejected and consequently the effect of such cash receipts / payments is ignored i.e, neither credit is given for cash gifts received nor any addition on account of alleged cash gifts given or taken was sustained. 6.1 Further regarding the addition made by the AO, the....
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....see cannot agitate the same issue again before the Tribunal. 10. In his rejoinder the Ld. AR draw our reference to the submissions made before the Ld. CIT(A) wherein the assessee has submitted the revised cash flow statement without considering the gift received and given and therein it was submitted that there is a short fall of cash of Rs. 2,11,505/- on 31/03/2012 which can easily be met from past savings otherwise there is no shortfall of cash in the case of the assessee at any point in time. It was accordingly submitted that there is no concession which has been made by the Ld. AR on behalf of the assessee and therefore the limited prayer of the assessee in terms of allowing an opportunity to demonstrate opening cash in hand may be allowed. 11. We have heard the rival contentions and purused the material available on record. During the course of assessment proceedings, the AO observed that the assessee has deposited a sum of Rs. 4,00,000/- in her saving bank account and car loan account and as per return of income, the assessee has only received Rs. 1,12,000/- in cash as business income and in absence of any other documentary evidence to substantiate cash deposited in her....
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....d no. 1 and 2 are allowed for statistical purposes 12. Ground no. 3 is dismissed as infructious in absence of any arguments during the course of hearing. 13. In the result, the appeal of the assessee is disposed off in light of aforesaid directions. 14. Now, coming to the separate ground of appeal in ITA Nos. 326/Chd/2022 relating to disallowance of exemption claimed u/s 10(14)(i) in respect of conveyance allowance, we refer to the relevant facts and findings of the Ld. CIT(A) which read as under: "4.3 Ground of Appeal No. 6 relate to addition of Rs. 7,00,000/- on account of disallowance of conveyance allowance. The AO has mentioned that the assessee has shown to have received Rs. 7,00,000/- as conveyance allowance which has been claimed exempt u/s 10(14)(i) of the Income Tax Act, 1961. The AO has further mentioned that on perusal of assessee's bank account and assessee's account in the books of M/s. Pancham Jewellers Pvt. Ltd., no corresponding expenses have been shown in the performance of duties of Director. Therefore, as per the AO, in the absence of evidence of Rs. 7,00,000/- incurred in the performance of duties, the deduction of Conveyance allowance....