2025 (9) TMI 1129

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....d to as 'ld. AO'). 2. The only issue to be decided in this appeal is as to whether the Learned CITA was justified in confirming the addition made in the sum of Rs 10,85,000/- on account of cash deposits made in the bank account in the facts and circumstances of the instant case. 3. I have heard the rival submissions and perused the materials available on record. The Assessee is an agriculturalist and the only source of income is from agriculture. Accordingly, the Assessee had not filed his return of income under section 139(1) of the Act. The Learned AO noticed that the Assessee had deposited a sum of Rs 12,85,000/- in specified bank notes during the demonetization period in the bank account. Accordingly, a notice under section 142(1)....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ceived by her from her father in cash in the sum of Rs. 5 lakhs. He noted that Gift deed, for such a donation by Shri Anees (father of assessee's wife) to his daughter, claimed to have been given on 25- 10-2016, was executed on 13-12-2017, which proves that the same is an afterthought. Accordingly, the Learned CITA observed that gift from wife of Rs. 5 lakhs in cash was rightly rejected by the Learned AO. With regard to claim of assessee regarding receipt of agricultural income of Rs 4,00,000/-, the learned CITA noted that the lease deed was executed on a plain paper for cultivation of land given to Shri Mahendra Singh instead of same being executed on a stamp paper. Accordingly the same is not reliable and the learned CITA observed that th....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ssessee's father-in-law from his bank account and out of that, a sum of Rs 5 lakhs was given as cash gift to his daughter (assessee's wife) and that sum was in turn transferred by assessee's wife to assessee. The bank statement of assessee's father-in-law is enclosed in pages 10 and 11 of the paper book. Since the assessee's father-in-law is having sufficient cash source to advance cash gift to the assessee's wife, the execution of gift deed in support of this cash gift given by him to assessee's wife at a later point of time somewhere in 2017 does not make the cash gift given earlier ingenuine. Hence, I accept the cash gift given by assessee's father-in-law to assessee's wife which in turn was advanced by assessee's wife to assessee as a g....