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TMI Blog2015 (5) TMI 889X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessee did not participate in the proceedings before the AO. As per the Annual Information Report (AIR), the AO noticed that the assessee had deposited cash amounting to Rs. 34,89,699 in his SB account with ICICI Bank. Since the source of funds for the aforesaid cash deposit in the bank account remained unexplained, the AO added the same to the total income of the assessee. Besides the above, a deduction of Rs. 67,524 claimed under Chapter-VIA of the Act was also denied for want of evidence to substantiate the eligibility for claim of deduction. The AO ultimately determined the total income of the assessee as follows:- Income returned : 4,44,990 Add: Deduction claimed under Chapter VIA: 67,524 Add: Unexplained cash credits : 34, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eal before the Tribunal. 5. Grounds No. 1 & 2 regarding challenge to order u/s. 144 of the Act were not pressed and are therefore dismissed as not pressed. 6. The remaining grounds are only with regard to the various items of source of cash which were disbelieved by the CIT(A). We will deal with each of the items of source of cash as explained by the assessee before the CIT(A) in the light of the order of the CIT(A). (i) Opening cash as on 1.4.2008 of Rs. 4,03,527 7. According to CIT(A), the assessee had received gross salary of Rs. 5 lakhs during the previous year and therefore source of opening credit balance of Rs. 4,03,527 was not acceptable. The CIT(A) was also of the view that the assessee had three bank accounts and was withdrawi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hs in respect of the above sources are concerned, the assessee has filed only cash book from 1.4.2008 to 31.3.2009. In the cash book, there is a section showing credit card expenses. According to the assessee, the credit card expenses shows withdrawal of cash on the basis of credit card and also payments made by cheques from the assessee's ICICI Bank account in discharge of the withdrawal of cash using credit card. The sum total of the payments so made by the assessee by way of cheque as stated in the cash book, is a sum of Rs. 2,33,065. A copy of the cash book filed in the paperbook at pages 21 to 23 shows the payments made by cheque in respect of credit card expenses. According to the assessee, the withdrawals of cash by using ATM card ar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es made at pages 21 to 23 are not supported by the credit card statement and therefore the claim of the assessee that the cash withdrawals using credit card were repaid by cheque issued from the assessee's bank account and therefore cash withdrawn using credit card should be considered as being available to the assessee to explain the cash deposit of Rs. 16.15 lakhs in his bank account cannot be accepted. The request of the ld. counsel for the assessee for a remand to the AO can also not be accepted because the CIT(A) had rejected the claim of assessee for absence of credit card statement and even before the Tribunal, the assessee did not make any attempts to file the same as additional evidence. In these circumstances, we uphold the order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... air ticket purchased on 23.12.2008 17. The credit card statement issued by Citi Bank has also been filed before us. We have perused the same and we find that the credit card statement evidences purchase of air tickets from Indian Airlines on 20.11.2008, 23.12.2008 and 26.4.2008. As to how these purchases of air ticket is linked with the visits of the assessee to Sri Lanka, China, Hongkong and Bangladesh is not clear. There is no evidence filed by the assessee to show that these expenses were reimbursed by the employer. In these circumstances, we are of the view that the claim made by the assessee was rightly rejected by the CIT(A). (v) Gift from mother of Rs. 1 lakh 18. The assessee explained that the assessee's mother was in po ..... X X X X Extracts X X X X X X X X Extracts X X X X
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