TaxTMI 
TaxTMI 
2023 (8) TMI 760
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....337/Srt/2020 the assessee has raised following grounds of appeal: "1. On the facts and in the circumstances of the case as well as law on the subject, the learned CIT(A) has erred in confirming the addition of Rs. 25,23,500/- without providing reasonable opportunity of being heard. 2. On the facts and in the circumstances of the case as well as law on the subject, the learned CIT(A) has erred in confirming the addition of cash deposit of Rs. 21,43,000/- without appreciating the fact that cash was deposited out of well explained sources of sale proceeds of immovable property. 3. On the facts and in the circumstances of the case as well as law on the subject, the learned CIT( A) has erred in confirming the addition of cash deposit of Rs. 21,43,000/- by alleging that cash deposited in bank was out of unexplained sources and not from sale proceeds of immovable property merely on presumption basis without providing any evidence to assume the contrary. 4. On the facts and in the circumstances of the case as well as law on the subject, the learned C1T(A) has erred in not accepting the claim of the Appellant and confirming the addition on presumptions, w....
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....said show cause notice, the assessee neither attended nor filed any reply. The Assessing Officer added entire credit including interest to the total income of assessee thereby making addition of Rs. 25,23,497/- which was rounded of Rs. 25,23,500/- in the assessment order dated 04/10/2017 passed under Section 144 r.w.s. 147 of the Act. 3. The assessment order was passed on 04/10/2017, however, the assessee filed appeal before the ld. CIT(A) on 02/12/2019. The assessee also filed application for condonation of delay in filing appeal before the ld. CIT(A). The delay was condoned on the ground that the assessee is a non- resident, residing in USA and reason for delay was explained by the assessee that she occasionally comes to India, was accepted and delay was condoned and the appeal was admitted for adjudication on merit. 4. Before the ld. CIT(A), the assessee filed detailed written submissions before the ld. CIT(A). The submission of assessee is recorded in para four of order of ld. CIT(A). The assessee in her submission submitted that the assessee is 77 years old, Non-resident senior citizen, residing in USA from last 40 years. The assessee occasionally visits India only for 3....
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....of Rs. 27,75,200/- in cash. Such cash was deposited in the bank account. On the submission of assessee, a remand report was called from the Assessing officer. The Assessing Officer furnished his remand report, the contents of which are recorded in para 2.1 at page No. 6 of order of ld. CIT(A). The Assessing Officer reported that in absence of reply of the notices, the assessment was finalised by making aggregate addition of Rs. 25,23,500/-. 6. The ld. CIT(A) after considering the submissions of assessee noted that the assessee claimed to have sold five plots of agricultural land for a total sale consideration of Rs. 27,75,200/- in cash out of which Rs. 21,43,000/- was deposited in her savings bank account. The ld. CIT(A) further noted that the Assessing Officer accepted the contention regarding non-taxation of sale proceed received on 27/07/2021. However, the bank deposits are bone of contention and added by Assessing Officer in assessment order dated 04/10/2017. The ld. CIT(A) by referring relevant clause of sale deed, noted that the entire sale consideration was received on or before 26/07/2011 as mentioned in the sale deed. Cash was deposited in 17 transactions spread over fo....
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....Rs, total of Rs. 42,497/-. The assessee claimed that TDS was made on interest income and the same cannot be considered as undisclosed income as no return of income was filed as the income was below the taxable income. The ld. CIT(A) held that the addition of cash deposit has been sustained and income chargeable to tax about the basic limit of exemption, therefore, the ld. CIT(A) declined to interfere with the findings of Assessing Officer. Further aggrieved, the assessee has filed the present appeal before this Tribunal. 8. I have heard the submissions of the learned Authorised Representative (ld. AR) of the assessee and the learned Senior Departmental Representative (ld. Sr. DR) for the Revenue and have gone through the orders of the lower authorities carefully. The ld. AR of the assessee made his submission by repeating all the submissions which was made before the ld. CIT(A). The ld. AR further submits that during the relevant period, the assessee visited India between 21/07/2011 to 15/08/2011 i.e. for 25 days. Thereafter on 01/11/2011 to 12/11/2011 for 11 days. The assessee owned five plots of rural agricultural land in Sandalpore, Tehsil- Jalalpore, Navsari. All five plots ....
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.... 2.54 lacs on 02/1/2012, Rs. 1.30 lacs on 10/01/2012, Rs. 5.05 lacs on 27/01/2012 and Rs. 2.35 lacs was deposited on 01/02/2012. Rameshbhai Ahir has also confirmed this fact by giving his affidavit that part of sale consideration of various agricultural lands was handed over to him and he deposited the said amount in a piecemeal in the bank account of assessee. 10. The ld. AR submits that the remaining part of Rs. 3.38 lacs represent the loan amount from repayment from relatives. The assessee could not file confirmation of such relative. The assessee has no other income in India except the sale consideration, credit of Rs. 3.38 lacs which was repayment of loan and interest income. The lower authorities could not bring any adverse material against the submission and evidences furnished by assessee. The ld. AR of the assessee reported that Rs. 3.38 lacs is also not unexplained money rather the same was added for want of confirmation from relative. The assessee was unable to file confirmation, though, it is clearly reflected in the bank statement as clearings. No effort was made by the Assessing Officer by issuing notice to the banker of the assessee to prove it otherwise. The ld. ....