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TMI Blog2012 (7) TMI 267X X X X Extracts X X X X X X X X Extracts X X X X ..... gs can be sustained on the ground of gap of one month, between withdrawal and deposit in such transactions - decided in favour of assessee. - ITA No. 334/CHD/2012 - - - Dated:- 30-5-2012 - Ms.SUSHMA CHOWLA, SHRI MEHAR SINGH, JJ. Appel lant by : S/Shri M.L.Jhambha Abhishek Jhambha Respondent : Shri Manjeet Singh ORDER PER MEHAR SINGH, AM The present appeal filed by the assessee is directed against the order dated Jan.,2012, passed by the ld. CIT(A) u/s 250(6) of the Income-tax Act,1961 ( in short 'the Act' ). 2. In this appeal, the assessee has raised the fol lowing Grounds of Appeal: 1. That the learned CIT(A) is not justified in confirming the additions of Rs. 3 lacs and Rs.2 lacs respectively on acco ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appellant. In the affidavits the donors have confirmed the transactions of gifts. 5. The assessee appel lant has filed af fidavit of Shri Surinder Singh Chauhan, evidencing the factum of gift made by him, to Shri Ved Parkash Thakur, brother-in-law of the donor and the assessee in the present case. It is clearly mentioned in the affidavit that a sum of Rs.3,00,000/- was given as gift to his brother-in-law, the present assessee. It is stated in the affidavit that the gift has been made from the personal savings and retirement benefits, received by the donor. 5( i ) . Another affidavit has been filed by Shri Sandeep Negi S/o Shri Mohar Singh Negi , wherein the factum of Rs.2,00,000/- as gift to Shri Ved Parkash Thakur has been mentioned. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... withdrawals made from the bank accounts of the assessee appellant , and also gi f ts received by the assessee. Ld. 'AR' also referred to relevant pages of the bank accounts, from which such withdrawals were made. Findings of the CIT(A) , in the matter are reproduced hereunder : The relevant para of the findings of the CIT(A) is reproduced hereunder : 6. The rival submissions have been carefully considered with reference to the facts of the case. A perusal of the account of the appellant with PNB6, Nahan shows that there were withdrawals in cash amounting to Rs.5,70,000/- in the month of April , 2007 from 13.04.2007 to 30.04.2007. The cash in the UCO bank has been deposited on 24.05.2007. Thus there is a time lag of almost one month be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d gifts, without specifying as to how much amount from a given source was actually available to him. Further, the affidavits from the three so-cal led donors and their statements are also totally non-committal about the dates when the so-cal led gifts were made to the appellant. In the absence of any conclusive and direct evidence regarding the availability of cash from any disclosed source to the tune of Rs.5,01,000/- , the addition made by the Ld. AO. on account of the said cash deposit u/s 69 A of the Act is fully justified. The same is, therefore, upheld. 10. We have carefully perused the rival submissions, relevant records and findings of the lower authorities, including the relevant pages of the Paper Book. The assessee has withdra ..... X X X X Extracts X X X X X X X X Extracts X X X X
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