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2025 (9) TMI 638

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....is difference of actual purchase cost of land at Rs. 12,78,000 & the valuation made by DVO at Rs. 14,83,800 of the impugned land; addition of Rs. 2,05,800 is unjustified & is liable to be deleted." Gr.No.2 "On the facts and circumstances of the case and in law, CIT(A) has erred in sustaining addition of Rs. 1,98,000 on unexplained investment u/s. 69, i.e., cash paid for purchase of land; addition is unjustified & is liable to be deleted." Gr.No.3 "On the facts and circumstances of the case and in law, CIT(A) has erred in sustaining addition of Rs. 13,15,000 on unexplained money u/s. 69A, out of which Rs. 10,75,000 received from husband (Suman Agrawal) and Rs. 2,40,000 being cash deposits into saving bank account; addition of Rs. 13,....

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....- (220000 + 855000 + 240000) is treated as assessee's unexplained money under section 69A of the Income-tax Act, 1961 and treated as assessee's income for the financial year 2018-19 and added to the returned income of the assessee. Penalty proceedings under section 271AAC(1) of the Income- tax Act, 1961 are initiated separately. The amount of Rs. 1,98,000/- paid in cash for purchase of property is treated as assessee's unexplained investment under section 69 of the Income-tax Act, 1961 and treated as assessee's income for the financial year 2018-19 and added to the returned income of the assessee. This amount is taxed under section 115BBE of the Income-tax Act, 1961 natty proceedings under section 271AAC(1) of the Income-t....

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....l withdrawal from two partnership firms M/s Umang Beverages and M/s Mohan Oil & Cattle Feed and a cash salary from Bihar Milk Foods Pvt. Ltd. and has also reduced the amount of drawings for household expenses. The copy of return of income of wife of assessee Smt. Shalini and father of assessee Shri Kalu Mal co-jointly established that the other family members of assessee are also earning and contributing towards household expenses. Therefore, in my humble understanding the source of cash deposit during demonetization to the bank account of assesses is properly explained by the assessee by way of self speaking documentary evidence and explanation. Secondly, the AO has made addition u/s 69 of the Act which pertains to unexplained investments,....

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....th regard to the addition of alleged amount of the gift received by the appellant-assessee as his personal income under Section 68 of the Act and not whether such an addition can be made under Section 69-A of the Act. In view of the above, it can safely be said that the Tribunal travelled beyond the scope of the appeal in making the addition of the said income under Section 69-A of the Act. It may be worth noting that the Tribunal has recorded a categorical finding that "it is clear that under the provisions of Section 68, the addition made by the Assessing Officer and sustained by the CIT (Appeals) cannot be sustained, meaning thereby that the Tribunal was of the opinion that the Assessing Officer and the CIT (Appeals) committed an error....

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....his regard, the assessee has submitted that an amount of Rs. 10,75,000/- has been received from her husband i.e. Shri Suman Agrawal as reflected in the bank account of Shri Suman Agrawal and bank account of the assessee. Confirmation of account of Shri Suman Agrawal as on 31.03.2019 reflecting the loan transaction has been submitted to the department. That further, the bank statement of Shri Suman Agrawal, SBI A/c. No.201199178583 and PNB A/c. No.41200010023505, ITR and computation of Shri Suman Agrawal for A.Y.2019-20 has already been submitted before the department. The assessee further submits that all these documents/evidences have been provided to the department which has not been disproved as false or fabricated. At the same time, an ....