TaxTMI 
TaxTMI 
2025 (3) TMI 1820
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....such there was no reason to believe that the income of the assessee has escaped assessment. 2. That there was no nexus between the reasons to believe viz.a.viz the addition made by the Ld. AO. 3. That the Worthy CIT(A), NFAC, Delhi has erred in not giving any finding to the ground of appeal challenging the reopening of the case u/s 148 of the Act. 4. That Worthy CIT(A), NFAC, Delhi has ignored the fact that the Ld. Competent Authority (PCIT/Addl. CIT) has erred in giving a 'mechanical approval' as accorded by him u/s 151. The same is bad in law as per binding judgments of jurisdictional Bench of the ITAT, Chandigarh Bench, Chandigarh, Amritsar Bench and Hon'ble 'Apex Court' and, therefore, the proc....
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....- were received back from Smt. Madan Lal and Shri Rakesh Kumar. The amount was given to them for purchase of property on 24.01.2006. The deal could not be metallised due to some legal hassles and on account of intervention of the Elders of the family and locality the amount was received back by the assessee from the in the year 2011. 5. The Ld. AR submitted that the assessee was examined by the AO alongwith her Husband and the Son under section 131 of the Act, and she had explained the source of deposits made by her in her bank account. The assessee has explain the source of deposit made in her account to the tune of Rs. 30,00,000/-. The assessee has also explained the source of deposit of Rs. 8,00,000/- in the account of MS Sulekha Garg....
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....s. 131 of the Act. Further, the appellant has tried to claim that she had given advance in F.Y.2006-07 to certain persons without any substantial proof or explanation of source details & claimed to have received it back during the relevant F.Y. after so many years. All such transactions were done in cash & not backed by any registered document or any document which has legal evidentiary value. The claim of agricultural income of husband is general in nature without any agricultural land holding details and sale of agricultural produce evidences submitted. The claim of son's income on account of some business activity is not sufficient to explain the source of substantial amount of Rs. 8 lakhs claimed to be advanced to her. Thus, all the....
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....ellant without any details or evidences being submitted in support of such claims. It is noted that the provisions of section 69 are similar to that of Section 68 of the Act regarding the onus required to be discharged by the appellant to explain the source of investments made in impugned property 8. The reasoning given by the lower authorities, is factually incorrect as the assessee, her husband and son statements were recorded and in their statements they had explained the source of the money deposited in the account for purchase of the property. The assessee in reply to question No. 6 in her statement had explained the source of money deposited in the account of Smt. Sulekha Garg. Besides that in reply to the question No. 7 at page 3 ....
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....the substantial proof or explanation to the source of the money. We found that the above said findings of the Ld. CIT(A) /AO are without any basis as the assessee has provided the sufficient evidence and explanation thereby explaining the source of Rs. 30,00,000/- and Rs. 8,00,000/-. In fact the unregistered agreement relied upon by the assessee, was rejected by the lower authority on the pretext that the same cannot be accepted as a valid piece of evidence. The Ld.AR, has drawn our attention to the decision of the Tribunal in ITA No. 812/Chd/2024 and other decisions whereby the Tribunal has held that even the unregistered documents can be relied upon for the collateral purposes. Relying upon these decisions of the Tribunal, we are of the o....