2025 (10) TMI 749

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....s a Government Teacher and earning salary income and interest income from her savings. Income of Rs. 5,82,530/- was declared in the return for the A.Y. 2017-18 filed on 28.08.2017. Subsequent to the processing of return u/s.143(1) of the Act, the case selected for scrutiny through CASS for examination of cash deposit made by assessee during the demonetization period. Statutory notices u/s.143(2)/142(1) were issued to the assessee calling upon her to furnish the source of cash deposit during demonetization period. There was no compliance to such notices from the side of assessee. Based on the assessee's bank statements, ld. AO noticed an amount of Rs. 15.00 lakh was deposited in her bank account maintained at UBI, Belgachia, Kolkata. The ass....

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....gone through the paragraph no.s 4.8 & 4.9 of the assessment order, wherein, the claim of saving the money for purchasing a residential flat has been discussed. In these paragraphs, the A.O has clearly established the usage of cash for booking a flat on 28/10/2016. Therefore, I agree with the A.O's observation that, assessee had sufficient cash in hand from undisclosed sources out of which Rs. 15,00,000/- was deposited in bank during demonetization and Rs. 5,25,000/- was used to book a flat just few days prior to the declaration of demonetization, The onus was completely on the assessee to explain the sources of cash but she couldn't. Mere claim without the support of any documentary evidence doesn't make the assessee's claim....

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....o add, alter, or withdraw any of the grounds of appeal before or at the time of hearing." I have also gone through this this ground along with the SOF submitted by the assessee. In this regard, my observation is that, mere claim that these cash deposits were out of Stridhan and past surpluses won't suffice. There should be documentary evidence to substantiate your claim. The assessee being non-responsive, it is deemed that, she has nothing to present. Also, there are no records of wealth tax returns to justify these claims. Hence, the assessee herself is basing her claim on conjectural imaginations in the absence of any tangible and corroborative evidence. Thus, this ground isn't tenable at all. Thus, as discussed ....

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.... 6. On the other hand, ld. DR vehemently argued supporting the orders of the lower authorities. 7. I have heard both the sides and perused the record placed before me. The solitary issue that arises for my consideration is whether the authorities below were justified in confirming the addition of cash deposit of Rs. 15.00 lakh. In the instant case, the assessee is a salaried Govt. employee deriving income from salary and interest from savings and made cash deposit of Rs. 15.00 lakh in the United Bank of India, Belgachia branch during the demonetization period. It was stated by the assessee that the said deposit was made from her savings over a period of time. The money was withdrawn from time to time as per the requirement and it was ut....