9911796707
TMI Blog2014 (5) TMI 188X X X X Extracts X X X X X X X X Extracts X X X X ..... y the Revenue for the assessment year 2007-2008 is directed against the order of the CIT(A). 2. The grounds of the appeal of the Revenue are as under: "1. The ld.CIT(A) has erred in law and on facts in deleting the addition of Rs.14,52,000/- made by the AO u/s.68 of the Act without appreciating the facts of the case and the materials brought on record by the AO. 1.2 In doing so, the ld.CIT(A) h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... no evidence on record to show that the bank account belonged to the assessee. He submitted that name of the assessee, as a joint holder of the bank account, along with his father and mother, is a fact and has not been controverted by the assessee. The learned counsel of the assessee has opposed the submissions of the learned DR. She submitted that the CIT(A) has given a finding that the cash amoun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Bhavnagar. The bank account is in the joint name of the father and mother and third name is that of the assessee. The assessee has claimed that the father being first account holder of the said account, the amount belonged to his father. We find that the CIT(A)has given a clear cut finding that a sum of Rs.14,52,000/- was not deposited out of accumulated agriculture income of the father of the ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uestion was deposited by the father of the assessee and not the assessee, reply was in the negative. We find that in such cases, although there is no evidence in support of the case of the Revenue or the assessee, but on preponderance of probability, the issue could be decided as regard the quantum adding of the assessee is concerned. In these facts and circumstances of the case, we are of the con ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
