9911796707
TMI Blog2013 (7) TMI 802X X X X Extracts X X X X X X X X Extracts X X X X ..... and not 20 lacs as mentioned by AO. Secondly it is again reiterated that this was the accumulated savings over the number of years and not the savings out of agricultural income in the year under consideration. AO is not justified in holding that on 3.5 bighas of land one can not even dream to' meet both the ends leave aside earning and saving as it is submitted that the land at the above said place is a fertile land and give various crops three times in a year. AO has failed to give any cogent reason why both ends can not be met with 3.5 bighas of land. In favour of assessee. Regarding proceeds out of sale proceeds of ornaments - Held that:- It is reiterated that the mother of the assesee was got married about 70 year ago and the ornaments sold were out of her 'Streedhan'. It is submitted that there cannot be any purchase bill for acquisition of such 'Streedhan' of an old hindu lady of 87 years of age and who got married about 70 years ago and belong to a respectable family.The observation of the AO that the evidence are flimsy and non verifiable in nature is, thus, not correct in the facts and circumstances of the case. AO is not justified in rejecting the affidavits of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ry notices u/s 143(2) and 142(1) of the Income Tax Act 1961 (for short the Act) along with questionnaire and AIR were served on the assessee. The AO made addition of Rs.19,55,000/- after treating cash deposit in Axis Bank account of the assessee as income from undisclosed sources and accordingly taxed the same as assessee,s income from other sources. The AO also made another addition of Rs.4,296/- on account of interest income as per bank statement of the asessee. 3. Being aggrieved by the above assessment order, the assessee preferred an appeal before CIT (A) by reducing the addition of Rs.19,55,000/- to Rs.2,00,000/- and directed the AO accordingly. The CIT (A) also deleted the addition of Rs.4,296/- pertaining to the interest income by holding that the assessee has duly declared the interest income earned on his saving bank account with Axis Bank. 4. Now the Revenue is before this Tribunal. In the second appeal with the grounds as mentioned hereinabove, it is pertained to note that the assessee has also submitted cross objections related to the same impugned order and we are deciding the appeal of the Revenue and cross objections of the assessee by this consolidated order. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Rs.20,00,000/- and the CIT (A) has accepted the explanation in regard to amount of Rs.17,55,000/-. The CIT (A) has rejected the claim of the assessee for part amount of Rs.2,00,000/- which is not reasonable and justified. The Counsel pointed out that when the explanation offered by the assessee has been accepted by the first appellate authority then that the confirmation of the part addition of Rs.2,00,000/- is alsonot sustainable. 7. On careful consideration of the rival submission and contention of both the parties and careful perusal of the record. At the outset, we observe that admittedly there was cash deposit of Rs.19,55,000/- to the saving bank account of the assessee. From the assessment order, we observe that the AO has held that the assessee fail to give calculation of the agriculture income. As per part-IV of the first schedule of the Finance Act for computation of net agriculture income but assessee fail to do so. The AO has also observed that it is strange that the old lady preferred to take the sale proceed in cash which a risky preposition to carry cash from West Bengal to New Delhi then in cheque or Demand Draft which could be a safer mode. The AO further held ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ifferent signatures on the two affidavits it is submitted that the Ld. AO has not appreciated the facts of the case with a fair and judicious mind and has ignored the realities of life altogether. He has ignored the fact that on one affidavit the signatures are in English and on the other are in Bangla Language. It is, no where mentioned that a person has to sign in one language only. In fact this is the reason why there are operational problems in opening and maintaining a bank account by the assessee's mother, the fact which has been stated in the affidavit dated 20th December, 2010 filed by her. 5. The AO is not justified in holding that on 3.5 bighas of land one can not even dream to' meet both the ends leve aside earning and saving . . It is submitted that with regard to agricultural produce from the agricultural land at a village in west Bengal the assessee himself presented before the AO and explained that the land at the above said place is a fertile land and_give various crops three times in a year. The Ld AO has failed to give any cogent reason why both ends can not be met with 3.5 bighas of land. It would be pertinent to mention here that crop from a particular piece ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... quarter's of Burdhaman District. The Agricultural lands are irrigated by a canal from Damodar Valley Corporation (17 km away). The population of the village is- ground 2000 to 2500. Nearest Bank united Bank of India and some other cooperative bank) is at 4 km at Sehara Bazar, near the village. The lands are given to share copper(4 in numbers). There is no shop or hat or bazzar in the village. The buses of state Govt/ Private go upto a place 3 Km away from village. There is a High School in the village. The appellant raise 3 crops( Dhan(paddy). Alloo(patato), Dal, Sugarcane) in the fields. Water is 10 feets underground and there are lot of ponds in and around the villege. The cultivators also cultivate fish in ponds. 7. I have carefully considered the submissions made by the appellant. I find that the assessing officer while framing the assessment has not appreciated the evidences produced by the assesee. The assessee has discharged his onus by filing sufficient evidences in the form of details of agricultural land belonging to his mother who is 87 years of age, documents relating to the agricultural land in Bengla along with its English Version, Copy of certificate issued by Pra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the issue of cash deposit of Rs.19,55,000/- to the saving bank account of the assessee deserve fresh adjudication by the AO. In the light of provisions of u/s 68 of the Act, the AO is directed to decide the issue afresh without being prejudiced to the findings of this Tribunal in this order and findings and observations of the CIT (A) in the impugned order by giving reasonable opportunity of hearing to the assessee. The AO is also directed that he shall decide the issue by making necessary enquiry in regard to the explanation and evidence submitted by the assessee by using due and well accepted procedure for the assessments proceedings. 10. The appeal of the Revenue is decided in the manner as indicated above by restoring issue to the file of the AO. Accordingly ground nos. 1, 2 and 3 of the Revenue are disposed off and may be treated as allowed for statistical purposes. Cross Objection 11. Apropos cross objections of the assessee, we are of the view that since the main issue in this appeal has been restored to the file of the AO. Therefore, consequential and supportive cross objection of the assessee do not survive for adjudication and we also disposed off the same with the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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