TaxTMI 
TaxTMI 
2023 (5) TMI 1206
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.... passed by the CIT(A) is bad in law as the same has been 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....
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....evant documents with application under Rule 46A of Income tax Rule,1962 for filing the additional 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 docum....
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....document no.C083408 along with English translation 141-146 25. Copy of sale deed in the name of Harjit Singh dated 13/12/2013 stamp duty document no.794051 along with 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 ....
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....r ready reference. The summary of cash deposits in bank explaining the source of cash deposit is as under: - Name of buyer Cash Cheque Page (1)AMIT KAUR W/O MANWINDER SINGH 577500.00 234 (1)MANPREET SINGH S/O HARBHAJAN 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 K....
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....p; Less: Cash Deposited in HDFC Bank E -3932900 Less: Cash Deposited in ICICI Bank -1389999 Less: Cash Deposited in P&S Bank 13620 -7490000 Less: Cash Deposited in P&S Bank 01881 -2030000 TOTAL CASH DEPOSITED IN BANK (A) 14842899 14842899 e) Alternatively, that the assessing officer has failed to provide benefit of cash withdrawal made by the appellant during the year. That the amount deposited in bank was partly out of cash withdrawn 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 ma....
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....tative shall be liable to pay any sum which the deceased would have been liable to pay if he had not died, in the like manner and to the same extent as the deceased. (2) For the purpose of making an assessment (including an assessment, reassessment or recomputation under section 147) of the income of the deceased and for the purpose of levying any sum in the hands of the legal representative in accordance with the provisions of sub-section (1),- (a) any proceeding taken against the deceased before his death shall be deemed to have been taken against the legal representative 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 ali....
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.... circumstances here the genuine cause for non-appearance before the CIT(A). We are in opinion that the assessee has sufficient cause during the depositing of cash in her bank account. The hefty amount was withdrawn 70 days ago for utilising the same for the business of her son. Unused amount was deposited in the same bank account of the assessee. The source of deposit of cash was well explained before the revenue authorities by the assessee. Therefore, AO was indeed in error in adopting a wrong fact in his order. The grievance raised by the ld. Sr. Dr. in this appeal, is, therefore, devoid of any legally sustainable merits. We reject 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 ....
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....ed our attention in APB pages14 to 15related to the assessee's submission which were placed before the ld. CIT(A) and copy of the forwarding letter is annexed herewith. 9. We heard the rival submission and considered the documents available on the record. From the above discussion, it is very clear that the assessee filed the return for the impugned assessment year and the cash deposited from the well explained source for selling of the property of his father. The assessee is a power of attorney holder of his father for selling the land, copy of the power of attorney dated 17.02.2012 along with English Translation are duly annexed in APB page nos. 48 to 54. The documents are duly filed before both the authorities. After considering the factual matrix the assessee cannot be deemed assessee as mentioned by the ld. AO in the remand report. In remand report the ld. AO accepted the fact that the properties are not related with the assessee and the cash was originated from the sale of property and the assessee's own source which is explained in cash account of assessee. Finally, the concept of the deemed assessee cannot be sustained as per the explanation of section 159 and 160 r.w.s ....