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2018 (1) TMI 136 - ITAT JAIPURAddition as income from other sources - claim of agricultural income - Held that:- We are of the view that the primary onus is on the assessee to demonstrate through verifiable evidence in support of the agriculture income so claimed in the return of income. However, in view of conflicting claims by both the parties and in absence of a specific finding in support of no income from the agriculture produce from the land so co-owned by the assessee, we deem it fit to restore the matter to the file of the AO to examine the same afresh in light of evidence so produced by the assessee and where so required, to carry out independent verification. In the result, the ground is allowed for statistical purposes. Estimate income from business - Held that:- Firstly, regarding estimation of business income at ₹ 5 lacs by the ld CIT(A) as against ₹ 15 lacs estimated by the AO, we hereby affirm the following findings of the ld CIT(A) which we find just and reasonable given the peculiar facts and circumstances of the instant case wherein the assessee has admitted his receipts from property brokerage business to the tune of ₹ 15 Lac and in absence of books of accounts and other details in support of incurrence of various expenses so claimed, the expenses remain unverifiable Unexplained cash deposits - Held that:- Matter relating to verification of source of cash deposits in the assessee’s bank account is accordingly set-aside to the file of the AO to examine the same afresh taking into consideration the contention so raised by the ld AR before us and after providing reasonable opportunity to the assessee. Income earned from petrol pump - Held that:- AR has contended that the assessee purchased the land at Village Sawar, Kekri on which he incurred expenditure of ₹ 20,000/- which is duly reflected in statement of affairs as on 31.03.2006. Since there is no finding of the lower authorities, the matter is set aside to the file of the AO to examine the said contention of the ld AR and decide afresh as per law. In the result, ground is allowed for statistical purposes. Disallowance of depreciation - AR has contended that necessary details in support of claim of depreciation has already been filed with the lower authorities - Held that:- Since there is no finding of the lower authorities, the matter is set aside to the file of the AO to examine the said contention of the ld AR and decide afresh as per law. In the result, ground is allowed for statistical purposes. Unexplained source of funds for purchase of car - Held that:- It is not in dispute that the assessee has taken loan of ₹ 5,50,000 from HDFC bank and to this extent, source of funds for purchase of car worth ₹ 9,88,000 stands explained. Further, the ld AR has contended that the balance amount of ₹ 3,38,000/- in respect of purchase of car and the repayment of bank loan installment of ₹ 3,72,000/- is paid by the assessee from his bank account with SBBJ Sodala, Jaipur from where the amount is withdrawn/ transferred to HDFC bank account for payment towards purchase of car/ installments. Since there is no finding of the lower authorities, the matter is set aside to the file of the AO to examine the said contention of the ld AR and decide afresh as per law. In the result, ground is allowed for statistical purposes.
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