9911796707
TMI Blog2012 (10) TMI 122X X X X Extracts X X X X X X X X Extracts X X X X ..... being challenged on facts and law. 2. Even the quantum of additions are being disputed since even without returning any findings of whatsoever kind of the `Resources' and the `Basis Of Charge' which are the initial step before bringing the transaction within the scope of `Income'. 3. Because the action for upholding the addition for Rs.29,964/- u/s 80C towards amount spent for house renovation is being challenged on facts and law." 2. The first issue for consideration relates to confirming the addition of Rs.12,84,027/- as income from undisclosed sources. The assessee is a retired SDO from Irrigation Department and had declared income of Rs.1,10,422/- as pension. During the course of assessment proceedings the assessing officer obtained ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essee, since no cheque had been issued from his bank account for the treatment, the plea of the assessee regarding loans/gifts/contribution by friends and relatives for medical treatment as source of cash introduced was not found plausible. Further as the assessee was having Rs.2.75 lakh in cash as on 1.04.2006 and he kept Rs.3-4 lakh cash for medical exigencies, there was no need to raise any loan etc. When the assessee was not doing any business activity then there was no need for a number of transactions in the bank account. The cash flow statement filed by the assessee was nothing but an inverted bank statement. The assessee filed affidavit from six persons of having given loan less than Rs.20,000/- each in cash aggregating to Rs.1,13,5 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... AO in not accepting the cash loans without examining the creditors and having adverse material on record is not in order. The contention of the appellant on the availability of more than 3.5 lacs per year with the family in cash is not acceptable in the absence of any evidence. The reasons given by the AO for not accepting the availability of cash and deposits from the earlier withdrawals etc. in view of the alleged cash flow statement without the support of any documentary evidence appears to be reasonable. The argument of frequent rotation of cash for obtaining visa was not taken before the AO. It is not known as to why this fact, if correct, was no taken before the AO. The explanation offered is not plausible as the frequent rotations ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 000/- which has been stated to be from withdrawal from bank. The AO has also noted that withdrawals have been made by certain persons like Shri Jagbir Singh Kundu, Shri Satbir Singh, Shri Balwant Singh Kundu, Shri Jai Singh, Smt. Satya Malik, Shri Ram Niwas Hooda, Shri Shyam Singh etc. The AO has not examined these persons as to why the amount was withdrawn by them. Since the issue has not been examined properly, we feel it proper to set aside the matter to the file of the Assessing Officer with the directions to examine the contention of the assessee whether the cash withdrawn was deposited in the bank account in order to show the rosy picture for the purpose of obtaining visa. The AO will examine the persons to ascertain the purpose for w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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