TaxTMI 
TaxTMI 
2026 (1) TMI 588
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....ces of the Appellant's case, the Hon'ble CIT(Appeals) of NFAC has grossly erred in upholding the addition of Rs. 15,22,500/- under Section 69A of the Act. 3. In law and in the facts and circumstances of the Appellant's case, the order passed by the Hon'ble CIT(Appeals) of NFAC is cryptic and non-speaking being arbitrary which do not deal with the factual and legal contention raised before him and proceed to uphold the addition of Rs. 15,22,500/- under Section 69A of the Act, based on his own whims and notion, which deserves to be deleted 4. In law and in the facts and circumstances of the Appellant's case, the Hon'ble CIT(Appeals) has grossly neglected erred in not appreciating the fact that cash deposited partially out of the agriculture income which was accepted by the same Id. Assessing Officer in earlier assessment proceeding of AY 2016-17. 5. In law and in the facts and circumstances of the Appellant's case, the Hon'ble CIT(Appeals) had failed to appreciate that except Appellant no one family possessed bank account and considering the "Patel Community" ought to have savings/streedhan by the father and married ladies of the fam....
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....ad taken place and the assessee had been asked to explain the source of cash deposit in his bank account: that while explaining the source, a cash flow has been submitted to the AO reflecting closing balance during said year of Rs. 4,06,100/-. The AO, he pointed out had accepted the assessee's explanation in A.Y. 2016-17 while passing the assessment order and therefore, he contended there can be no reason for rejecting the availability of opening cash with the assessee of Rs. 4 Lacs. 7. Besides, he pointed out, that both in the preceding assessment year and in the impugned assessment year, the assessee had submitted that family was an agricultural family owning agricultural land and had substantiated the same by submitting copies of land records i.e 7/12 and Form No.8. The assessee, he pointed out, had submitted to the AO that his family owned approximately 10 to 12 Bighas of land on which agricultural activity was carried out growing two crops; tobacco and Green Chilly, earning on an average net income of Rs. 8 to 10 Lacs. This, he contended, was accepted by the AO while framing assessment for A.Y. 2016-17 and in the impugned year also, the assessee had submitted land records. ....
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....stated that the women of the family were having Rs. 85,000/- in SBNs/ HDNs, but in the submission dated 12.11.2019, the assessee changed this and stated that women having Rs. 2,75,000/- in SBNs/ HDNs. Thus, again assessee trying to mould the facts as per necessity. The assessee could not give any sources of the such savings. c) The third claim of the assessee was regarding the agricultural receipts. The assessee given two bills regarding the agricultural receipts. One was of Rs. 3,66,676/- of dated 15.10. 2016 from Hirenkumar N. Patel and another one was of Rs. 5,40,400/- of dated 10.11.2016 from Pankajkumar D Patel. So far as the receipts of Rs 3,66,676 is concerned regarding the deposition during demonetization, the same is not found acceptable. As the cash received on more than one year before was kept to deposit during demonetization and not used for any agricultural expenses or if was unusable, why the same was not deposited in the bank. Further, in response to the notice issued, the person mentioned in the said bill has not given any ITR, books of accounts, bank statement of any other sources to substantiate the payments mentioned in the bill. Further, regarding the ....
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.... members, and claimed his own cash in hand of Rs. 1,25,000/- for future or any other source was kept at home. It is impossible to believe that the all cash was kept at home, when the assessee, himself a bank employee, who is definitely well versed with banking operations and who can easily withdraw the cash as and when in need without bearing any loss of interest on such huge amount. Thus, the claim that the all cash from all sources was accumulated and kept at home is not genuine. iii. Even if the contention of the assessee that the all cash was at home on 08.11.2016 be considered, then why the said cash was not deposited by the assessee in one go le. either on 10.11.2016 or on next day or even on the subsequent day. Here the date wise pattern of the cash deposited is given which shows that the assessee is depositing the cash up to mid of the December. S. No. Name of the Bank Date Amount (In Rs.) 1 Bank of Baroda 14.11.2016 7,500/- 2 Bank of Baroda 22.11.2016 4,00,000/- 3 Bank of Baroda 23.11.2016 3,00,000/- 4 Bank of Baroda 08.12.2016 4,00,000/- 5 Central Bank of India 22.11.2016 4,00,000/- 6 C....
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....mployee in a bank and family is an agricultural family owning agricultural land to the tune of 10 to 12 bighas evidence of which was placed before the Revenue authorities and which has not been controverted at any stage. The assessee grows tobacco and green chilly on the same which is also not disputed. The assessee had stated to the AO during assessment proceedings in preceding year that he had agricultural income of Rs. 8 to 10 lacs which undisputedly was accepted by the AO. In the impugned year, the assessee had attributed cash deposited in his bank account arising out of agricultural activity to the tune of Rs. 9 Lacs. Considering the entire facts as noted above by us which are not disputed, an amount of Rs. 7 Lacs deposited in cash in the bank account can be safely attributed to the agricultural activities carried out by the assessee. 15. The AO has rejected this explanation of the assessee, since, the assessee has submitted bills of agricultural produce sold as evidence which on further enquiry revealed that one of the bills was a year old while the other bill when enquired into, the purchaser denied buying anything from the assessee. Be that so, the fact that the assessee....