9911796707
TMI Blog2012 (3) TMI 133X X X X Extracts X X X X X X X X Extracts X X X X ..... illegal & bad in law, as the notice issued u/s.143(2) is barred by limitation of time and hence the assessment order deserves to be cancelled." 3. The learned counsel for the assessee submitted that in the first round of litigation this issue was restored back to the file of CIT(A) by the Tribunal vide its order dated 4-8-2006 and therefore requires no adjudication at this stage. The learned DR supported the submissions of the learned AR. 4. We have considered submissions of both the parties. In view of the pleading of the parties, we hold that this issue requires no adjudication on our part as the same was already decided by the Tribunal vide its order dated 4-8-2006 in the first round of litigation before the Tribunal. Accordingly, gro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent at any places or in company, person or in any government department or in shares and securities of the company and that his income was not liable to tax. He has also filed copies of the revenue records in the compilation before the Tribunal. He has submitted that the CIT(A) has erred in confirming the action of the AO on the mere plea that the onus is squarely on the assessee to establish the fact and that no proof in support has been offered either in the course of the assessment proceedings or even at the appellate stage. The learned DR, on the other hand, opposed the submissions of the learned counsel for the assessee. He submitted that no collaborative evidence in support of the claim of the assessee of having received gift of such ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ngs from agriculture produce to the assessee is not without reasonable doubt. The AO could have verified these facts by summoning the donor and recorded his statement on oath. No such effort was made by the AO. In these facts of the case, we are of the considered view that it would suffice to sustain the addition of Rs.3,07,562/- on account of gift received to meet ends of the justice as against the addition of Rs.7,07,562/- sustained by the CIT(A) and accordingly the assessee gets a relief of Rs.4 lakhs on this issue. 8. The second addition of Rs.77,800/- on account of cash credits. The learned counsel for the assessee submitted that amount of Rs.77,800/- consists of cash credits ranging from Rs.19,000/- to Rs.19,500/- received fro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat she was earning Rs.25,000/- per annum out of tuition and received back the said money in March, 2003 from the assessee. We find that all the four creditors are relatives of the assessee and have mentioned their relationship with the assessee in the confirmation letters filed before the AO. In these facts of the case and in the absence of any material to doubt the genuineness of the transaction of the loan to the assessee, we are of the view that the assessee has discharged its initial onus of proving the identity, credit-worthiness and genuineness of the loan, and accordingly the addition of Rs.77,800/- is deleted. 10. Coming to third addition of Rs.4,31,732/-, the learned counsel for the assessee submitted that since the books of acco ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ned CIT (Appeals) vide his order dated 25.05.2004 has erred in confirming the action of Assessing Officer in making addition of Rs.7,07,562/- for alleged gift received. 3. On the facts and in circumstances of the case as well as law on the subject, the learned CIT (Appeals) vide his order dated 25.05.2004 has erred in confirming the action of Assessing Officer in making addition of Rs.77,800/- for alleged unexplained cash credit u/s. 68 of the Act. 4. On the facts and in circumstances of the case as well as law on the subject, the learned CIT (Appeals) vide his order dated 25.05,2004 has erred in estimating income at 8% on total receipts of Rs.85,13,929/- u/s. 44AD of the Act and thereby erred in confirming the addition to the extent of R ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee in ITA No.2230/Ahd/2004 there remains only addition of Rs.3,07,562/- out of gift of Rs.7,07,562/- given by the grand father of the assessee and other additions on which the penalty was imposed have been deleted by the Tribunal. 17. With regard to the addition of Rs.3,07,562/- sustained by the Tribunal, on account of unproved gift from the grand father, we find that the addition has been partly confirmed on estimate basis only. The identity of the donor has been proved by the assessee beyond doubt. The donor was having 34 bighas of agriculture land and has cultivated various types of crops as mentioned in the copy of the affidavit filed before the revenue authorities. These facts have not been controverted on behalf of the assesse ..... X X X X Extracts X X X X X X X X Extracts X X X X
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