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TMI Blog2013 (10) TMI 866X X X X Extracts X X X X X X X X Extracts X X X X ..... edit under section 68, which is requested to be deleted." 3. Brief facts of the case are that the AO on verification of the bank statement found that the assessee had made cash deposit totalling to Rs.20,50,700/- in Oriental Bank of Commerce, Ahmedabad during the impugned year, the details of which are as under: Date Particulars Amount (in Rs.) 26.04.2008 Cash Deposit 49,000.00 13.05.2008 Cash Deposit 49,500.00 23.05.2008 Cash Deposit 48,000.00 29.05.2008 Cash Deposit 30,000.00 06.06.2008 Cash Deposit 9,000.00 17.06.2008 Cash Deposit 10,000.00 23.06.2008 Cash Deposit 7,000.00 25.06.2008 Cash Deposit 6,000.00 04.07.2008 Cash Deposit 20,000.00 22.07.2008 Cash Deposit 17,500.00 08.08.2008 Cash Deposit 10,00 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ,000/- by way of Cash. We hereby submit documents of pension payment declaration certificate death certificate. c) Mrs.Paniben natvarlal Parmar, mother of assessee was Government employee. She has worked with Kamdar Rajya Vima Yojna, ESIC Department for many years. She was retired from the said organisation in the year 2002. She has given by way of Gift to our assessee sum of Rs.5,00,000/- in aggregate. We hereby submit documents of pension payment declaration certificate, election card, for identity proof, photocopy of bank passbook, in that it is shown that cheques of commuted pension amount was deposited in bank account, and same has been withdrawn and photocopy of Gift deeds." d) Mr. Girdharbhai Maganbhai Leuva, father-in-law of asses ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssessee for purchasing the residential house. In this regard, an affidavit was filed. The AO observed that the assessee has not submitted any bank account of father for verification, and no proof regarding the purchase of gold in the year 2006 was also submitted. In the affidavit, it was claimed that the mother of the assessee has withdrawn Rs.4 lakhs and purchased gold jewellery of 50 tolas but has no proof to show withdrawal of the amount nor the purchase of the gold. On verification of the invoices and weight bills, it was observed that the mother of the assessee has claimed to have sold approx. 20 grams of gold on almost every day totaling 1085.84 grams amounting to Rs.10,99,830/- in cash starting from 14.10.2008 to 24.3.2009. The invoi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nsel for the assessee, at the outset, argued that section 68 applies only when books of account are maintained and not when the credit is found in the pass-book. The pass-book in which credit is found is not books of account, and therefore, he relied upon the decision of the Lucknow Bench of ITAT in the case of ITO Vs. Shri Kamal Kumar Mishra, ITR No.398/LKW/2012, in which it has been held that the provisions of section 68 of the Act cannot be invoked on various deposits/credits found recorded in the bank account of assessee in the absence of books of the assessee maintained for that previous year. He also relied upon decisions of various courts of law in support of his arguments. The learned counsel for the assessee repeated similar submis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e from his father, the father of the assessee was retired on superannuation on 31.7.1998 and his pension was fixed at Rs.1,214/-. The retirement benefit i.e. gratuity of Rs.78,656/- and commuted value of pension was Rs.98,343/- were received on 31.7.1998. No other documentary evidence was produced by him to show credit- worthiness of the father, and no satisfactory explanation was provided for the source of income of Rs.6 lakhs from his father. It is unbelievable that a person having a pension of Rs.1,214/- and having small gratuity & commuted value of pension, as mentioned above, could save Rs.6,00,000/-, for which no documentary evidences have been brought on record before any of the lower authorities or before us. The explanation that th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hich has been rightly confirmed by the learned CIT(A). 17. As regards mentioning of section 68 in para 1.13, the learned counsel for the assessee has referred to the decision of the Lucknow Bench of the ITAT and decision of various courts of law, which have been considered. The facts in the said cases are different to the present case. In the present case, the show cause notice was given to the assessee to explain the source and the genuineness of the cash deposited from time to time, which has not been explained satisfactorily before both the authorities below, and even before us. With due respect to the decision of the Co- ordinate Bench of ITAT, Lucknow Bench in the case of ITO Vs. Shri Kamal Kumar Mishra (supra), we are of the view in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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