TaxTMI 
TaxTMI 
2025 (5) TMI 1233
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.... filing of the appeal on the ground that the delay in filing the appeal occurred due to assessee's ill health as he was suffering from a serious heart condition and got heart attack on 27.10.2023; as a result he was under medical supervisions and advised by Doctors to avoid stress and professional obligations to recover and also attached medical certificate; that due to health condition and medical advice, the assessee was unable to attend to legal and financial matters including the timely filing of the appeal. In support of this, he filed an affidavit which is placed on record. Accordingly, he prayed that the delay in filing the appeal be condoned. On the other hand, ld. DR of the Revenue objected to the same. 3. I have heard both the co....
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....tement were out of earlier cash withdrawals. The AO observed that assessee has furnished affidavit duly deponent by himself and with Shri Subhash Chand and Shri Ram Bhagat. The AO further observed that the assessee has furnished affidavit along with PAN number and copy of jamabandi. However, on perusal of affidavits filed by the assessee, he observed that assessee has furnished PAN card of the persons but failed to furnish copy of ITR, computation of income and bank statement etc. The assessee has furnished only jamabandi to justify the source of cash gifts. Therefore, he rejected the abovesaid affidavits and jamabandi. With regard to other cash deposit of Rs. 17,00,000/-, he observed that assessee has withdrawn small amount through ATM and....
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....ally considering the submission of the appellant. That the additions are illegal, unjust and unlawful. 3. The assessment proceedings have been initiated on the basis of Reasons recorded on suspicion and doubts and not on belief as the cash deposited into the bank account have been considered as income of the appellant. The learned AO has exercised powers under section 133 (6) illegally. 4. The AO has framed the assessment order on the wrong and incorrect interpretation of the word contemplation. The AO did not apply his mind while disposing off the objections raised by the appellant and framed an assessment order against the facts of the case. 5. The appellant had provided all the documents and records in connection with the claim of ....
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....ceived Rs. 9,00,000/- from his brothers on the occasion of his daughter's marriage and other deposits were out of cash withdrawals. In this regard, he brought to our notice page 7 of the paper book and brought to our notice that assessee has deposited Rs. 9,00,000/- Rs. 2,50,000/- and Rs. 5,50,000/- on 12.08.2011, 29.11.2011 and 09.02.2012 respectively. He submitted that these deposits were made out of cash withdrawals made by the assessee from his own bank account on various dates and prayed that the assessee has filed relevant affidavits before the AO claiming the above said facts on record. He submitted that AO has rejected the submissions of the assessee by observing that assessee has made small withdrawals during the year and however h....
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....authorities have rejected the abovesaid affidavits on gross basis. In my considered view, cash deposit to the extent of Rs. 9,00,000/- may be accepted and I order accordingly. 10. Coming to further deposit of cash deposit to the extent of Rs. 17,00,000/-, I observed that assessee has submitted a combined statement as per which assessee has withdrawn the cash from his own bank account and re-deposited the same within the gap of three months. For the sake of clarity, it is reproduced below :- 11. However, I observed that the AO has observed that assessee has withdrawn a small amount for his necessities during the year and it is not sufficient to redeposit the same. I observed from the record submitted by the assessee that assessee has filed....