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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 ..... evable that an assessee for the last 18 years has been savings the salary in cash and keeping the same with him in the same form at all times to come, and suddenly the entire amount is deposited during the year in the bank account in cash for purchase of residential house - No documentary evidence was placed on record by the assessee or no cogent explanation was placed on record to justify the assessee was in fact having saved out of his salary income - the AO is justified in not accepting the source of savings claimed by the assessee from the salary income. As regards the source from his father, the father of the assessee was retired on superannuation and the pension certificate of mother - No other documentary evidence was produced by him to show credit- no satisfactory explanation was provided for the source of income – In the absence of any documentary evidence that the father and mother of the assessee had saved for giving gift to the assessee and in the absence of any cogent explanation with regard to the source, the AO is justified in not accepting the source of gift from father of the assessee – Decided against Assesse. - ITA No. 2696/Ahd/2012 - - - Dated:- 27-9-2013 - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d for the sake of clarity as under: "a) ...... assessee is doing job since 18 years at Private Organisation at Dilipkumar Brothers. His salary for the A.Y.2009-10 is Rs.78,000/-. He has saved his part of salary and so, since inception of hearing income before 15 years, he has saved Rs.4,02,741/-. We hereby submit salary certificate for A.TY.2009-10 and Income Tax Return along with statement of total income for the A.Y.2009-10. b) Mr.Natvarlal Mangaldas Parmar, father of assessee was Government Employee. He has worked with Health and Medial Services and medical Education, Civil Hospital for many years. He was retired from the said organization in the year 1998. After that he was working independently and earning some income. He died accidentally in the year 206. He has not prepared any Will or any documents. So, in inheritance assessee has received Rs.6,00,000/- 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 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 invoices and weight bills were also serially numbered without any break, and in no bills, the amount of transactions exceeds Rs.20,000/- and all the transactions are made in cash i.e. sale of each and every item of jewellery of gold had been declared to have been sold in cash for amount not exceeding Rs.20,000/-. In the affidavit, mother of the assessee has stated this fact that to purchase residential property, gift has been given to the assessee. The AO observed that the genuineness of the transactions has not been proved by the assessee. Similarly, the source of Rs.5,00,000/- as a gift from mother could not be explained by the assessee. 7. As regards source of income of father-in-law of the assessee, the AO observed that sale bill of agricultural produce of six items were filed. On verification of gam namuno, it was found that only, 8,800 sq.meters of the land was possessed by the father-in-law of the assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sited during the impugned year in the bank account in cash for purchase of residential house. No documentary evidence was placed on record by the assessee or no cogent explanation was placed on record to justify the assessee was in fact having saved Rs.4,02,740/- out of his salary income. Therefore, the AO is justified in not accepting the source of savings claimed by the assessee from the salary income. 13. As regards the source 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 the gold jewellery ..... X X X X Extracts X X X X X X X X Extracts X X X X
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