2013 (6) TMI 407 - AT - Income Tax

Additions on account of cash deposited in bank by the assessee - income shown in the return of income consisted of salary only - case was selected for scrutiny under CASS - Held that - Assessee has filed additional evidence for admission in the form of two affidavits from the uncles of wife of assessee certifying therein, that they had gifted an amount of Rs.3,00,000/- each in cash to the wife of assessee on the 10th marriage anniversary. From the order of AO and CIT (A), assessee had not taken this plea before them as per assessee neither AO nor CIT (A) asked about it during proceedings before them and assessee being under stress of selling house at a loss and due to loss of job may not have explained these sources. Due to circumstances the assessee can be said to be really under stress and in view of the special circumstances, the additional evidence admitted and in view of additional evidence, remit the file to the office of AO for readjudication - appeal filed by assessee allowed for statistical purposes.

Issues:
1. Addition of cash deposits in bank by the assessee.
2. Acceptance of gifts from wife, father-in-law, and sister's husband.
3. Rejection of explanations for cash deposits and additions made by the Assessing Officer (AO).
4. Appeal against the order of the Commissioner of Income Tax (Appeals).

Issue 1: Addition of Cash Deposits in Bank by the Assessee
The case involved an appeal by the assessee against the order of the Commissioner of Income Tax (Appeals) regarding cash deposits in two banks totaling Rs. 10,88,000. The Assessing Officer (AO) questioned the source of these deposits, which the assessee explained as gifts received. The AO raised concerns about the explanations provided by the assessee and made additions under different sections of the Income Tax Act. The Commissioner of Income Tax (Appeals) upheld some additions while deleting others. The appellate tribunal admitted additional evidence regarding gifts received by the wife of the assessee and remitted the case back to the AO for readjudication based on the new evidence.

Issue 2: Acceptance of Gifts from Wife, Father-in-law, and Sister's Husband
The Assessing Officer scrutinized the gifts received by the assessee from various sources, including the wife, father-in-law, and sister's husband. The AO raised doubts about the creditworthiness and genuineness of these transactions, leading to additions under section 68 of the Income Tax Act. The Commissioner of Income Tax (Appeals) upheld some additions while deleting others based on the explanations provided by the assessee. The appellate tribunal later admitted additional evidence regarding gifts received by the wife of the assessee, leading to a remittance of the case for further review.

Issue 3: Rejection of Explanations for Cash Deposits and Additions Made by the AO
The Assessing Officer rejected the explanations provided by the assessee for the cash deposits in the banks, citing lack of documentary evidence and doubts about the sources of income. The AO made additions based on these rejections, which were partially upheld and partially deleted by the Commissioner of Income Tax (Appeals). The appellate tribunal considered additional evidence submitted later in the proceedings and remitted the case back to the AO for a fresh decision based on the new information.

Issue 4: Appeal Against the Order of the Commissioner of Income Tax (Appeals)
The assessee filed an appeal against the order of the Commissioner of Income Tax (Appeals), challenging the additions made by the AO and partially upheld by the CIT (A). The appellate tribunal reviewed the case, admitted additional evidence regarding gifts received by the wife of the assessee, and remitted the case back to the AO for further assessment. The tribunal allowed the appeal for statistical purposes, emphasizing the special circumstances and stress faced by the assessee during the proceedings.

This detailed analysis of the legal judgment highlights the issues related to cash deposits, acceptance of gifts, rejection of explanations, and the appeal process, providing a comprehensive overview of the case and the decisions made at various stages of the proceedings.

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