TaxTMI 
TaxTMI 
2023 (5) TMI 1206
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....een made without taking into account the remand report submitted by the jurisdictional assessing officer to the CIT(A) dated 08.10.2018. That the order u/s 250(6) has been passed in summary manner without considering the submissions made by the assessee during appellate proceedings. 3. That the CIT(A) has erred in confirming the addition of Rs. 19547959/- on account of cash to the tune of Rs. 7490000/- deposited in Punjab & Sind Bank and Rs. 12368499/-deposited in HDFC Bank without giving the benefit of agriculture income earned by the assessee, rotation of funds and funds credited in the bank account on account of sale of property made on behalf of the father through registered POA dated 17.02.2012. 4. That the CIT(A) has erred in confirming the addition of Rs. 19547959/- on account of cash deposited ignoring the fact that the assessee's father was the owner of agriculture land and the said cash was deposited partly out proceeds from sale of agriculture land belonging to father. That the order has been passed without taking into consideration the affidavits filed by the father of the assessee before the CIT(A). 5. That the CIT(A) has erred in confirming the addition o....
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....dditional evidence before the appellate authority. The detail of submission before the appellate authority is extracted as below: "6. That the appellant filed an appeal before the Hon'ble CIT(A) on 10.03.2017 against the said order of AO. The appellant has made submission before the CIT(A) explaining the source of cash deposited in bank and it was also highlighted that the total cash deposited was to the tune of Rs. 14842999/- and not Rs. 19858499/- as per the AO. It was explained that the cash was deposited out of sale proceeds of property belonging to father and also furnished all the sale deeds belonging to father along with the affidavit of father Sh. Harjit Singh and copy of power of attorney. The summary of documents submitted by way of additional evidence before the CIT(A) is as under: - S. No Particular Enclosures 1. Copy of letter filed before CIT Appeal 14-15 2. Copy of sale deed in the name of Harjit Singh dated 08/04/2013 stamp duty document no.A394472 55-58 3. Copy of sale deed in the name of Harjit Singh dated 17/04/2013 stamp duty document no.556124 59-62 4. Copy of sale deed in the name of Harjit Singh dated 17/04/2013 stamp duty docu....
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....h English translation 147-152 26. Copy of sale deed in the name of Harjit Singh dated 13/12/2013 stamp duty document no.794052 along with English translation 153-159 27. Copy of sale deed in the name of Harjit Singh dated 28/03/2014 stamp duty document no.A493818 160-163 28. Copy of sale deed in the name of Harjit Singh dated 28/03/2014 stamp duty document no.A221692 164-167 29. Copy of Power of Attorney executed on 17.02.2012 by Sh. Harjit Singh in favour of the appellant giving right- 'to make any arrangement regarding property, remove illegal possession, make demarcation, take possession, to appear on behalf of father, to use/ dispose properties, and to act as custodian, etc. ' 48-54 30. Copy of Affidavit before executive magistrate made by Gurbinder Singh Mahal dated 06.02.2018 that the money deposited in bank account was out of amount realized out of sale of father's property 17-19 31. Copy of Affidavit before executive magistrate made by Harjit Singh dated 06.02.2018 that amount was deposited in bank account of son and later on, remitted back to him 20-23 32. Copy of Bank statements maintained with ICICI Bank 0477 40-42 33.....
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....N SINGH 545000.00 225 (1)SHAMSHER SINGH S/O SULAKHAN SINGH 674000.00 234 ARJINDER KAUR W/O MANOHAR SINGH 660000.00 224 BALWINDERJIT KAUR W/O GURBAKSH SINGH 577500.00 226 BEANT KAUR W/O BALDEV SINGH S/O DIWAN S 578500.00 224 BHUPINDER KAUR W/O HARDEV SINGH 535500.00 224 HARJINDER SINGH S/O JAGIR SINGH 556500.00 226 HARPAL KAUR W/O HARBHEJ SINGH 578000.00 224 INDERJIT KAUR W/O KANWALJIT SINGH 600000.00 226 INDERJIT KAUR W/O SURJIT SINGH 78500.00 500000.00 225 JASBIR KAUR W/O KASHMIR SINGH 784000.00 226 KOMALDEEP KAUR W/O MANINDER SINGH 578500.00 225 MANDEEP KAUR W/O NARINDER SINGH 578500.00 224 NARINDERJIT KAUR W/O KULWARAN SINGH S/O 642500.00 226 NIDHI ARORA D/O SUBHAS CHANDER S/O KOTUM 578500.00 225 RAJWANT KAUR W/O RAJINDER SINGH 535500.00 224 SANGITA SADHAR W/O DALBIR SINGH 578500.00 224 SATNAM SINGH S/O SUKHDEV SINGH 795000.00 230 SHISHMA BALA KANDA W/O GURBACHAN SINGH 748000.00 1976000.00 231 SONAM W/O KAMALDEEP SINGH S/O GURBACHAN 578500.00 225 SONIA W/O SANJEEV KUMAR S/O KH....
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....rawn from the bank and partly out of amount received on behalf of father as stated above. In this regard we are enclosing herewith affidavit from father placed at page no 20-23 of paper book. If the benefit of same is given, then there is no peak or negative cash. In this regard, the reliance is being placed on the following case laws in which it has been held that the benefit of cash withdrawals can't be denied to the assessee. It is a matter of record that the appellant has withdrawn a sum of Rs. 11074900/- in cash from bank account and the said cash was withdrawn out of opening bank balance available with the appellant. It is a matter of record that the total cash deposit was to the tune of Rs. 1482889/- as confirmed in remand report by the AO placed at page no 10-12 and not Rs. 19547959/- as confirmed by the AO in assessment order." 6.3 In the remand report the AO consider that the assessee is a 'deemed owner' in relation to sale of property of his father. But in the hearing the ld. AR explained that as per the section 159 of the Act, the assessee is not considered as deemed assessee. The details are submitted in the Submission which is extracted as below: "c) Therefore, it....
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....ive and may be continued against the legal representative from the stage at which it stood on the date of the death of the deceased; (b) any proceeding which could have been taken against the deceased if he had survived, may be taken against the legal representative; and (c) all the provisions of this Act shall apply accordingly. (3) The legal representative of the deceased shall, for the purposes of this Act, be deemed to be an assessee. That section159 is not applicable in the case of the appellant as the appellant's father Sh. Harjit Singh is alive. Furthermore, the provisions of section 160 are only applicable on agent of non-resident, minor, lunatic or idiot, the guardian or manager, Administrator- General, the Official Trustee or any receiver or manager or trustee appointed under a trust. (c) every person who is deemed to be an assessee in default under any provision of this Act; The clause 'c' refers to assessee in default which is not applicable in the case of the appellant. 7. During hearing, the ld. AR respectfully relied on the order of the Hon'ble Jurisdictional High Court and the order of the Tribunal the details ....
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....the addition amount of made by the ld. AO.." 7.3) Principal CIT, Belagavi vs Basetteppa B Badami, [2018] 93 taxmann.com 66 (Karnataka) "Section 69A of the Income-tax Act, 1961 - Unexplained money (Cash deposits) - Assessment years 2006-07, 2008-09, 2010-11 and 2011-12 - For preceding assessment year, sufficient amount of cash in hand to be brought forward had reached finality - During current year, on basis of cash deposits in assessee's bank accounts, Assessing Authority made addition of unexplained money - Whether since brought forward cash in hand of preceding assessment year was sufficient, addition on account of unexplained cash deposit in bank account of assessee was unjustified " 7.4) J'Jaspal Singh Sehgal v. ITO WD 21(2)(1), Mumbai, [2017] 83 taxmann.com 246 (Mumbai - Trib.) "Section 68 of the Income-tax Act, 1961 - Cash credit (Cash) - Assessment year 2009-10 - Where assessee submitted detailed cash summary showing inflow and outflow of cash for relevant year, in absence of any materials to show that cash withdrawn was utilized elsewhere by assessee, benefit of cash withdrawn by assessee from bank account against amount of cashdeposit into bank should be....