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TMI Blog2016 (5) TMI 346X X X X Extracts X X X X X X X X Extracts X X X X ..... that he has received two lacs from his mother on different dates. Therefore, the addition confirmed by the ld CIT(A) is deleted. The finding on levy of interest U/s 234(c) of the Act is consequential to the above finding. - Decided in favour of assessee - ITA No. 188/JP/2013 - - - Dated:- 31-3-2016 - SHRI T.R.MEENA, AM SHRI LALIET KUMAR, JM For The Assessee : Shri G.G. Mundra (CA) For The Revenue : Shri D.S. Kothari (CIT) ORDER PER T.R. MEENA, A.M. This is an appeal filed by the assessee against the order dated 27/12/2012 of the learned C.I.T.(A) (Central), Jaipur for A.Y. 2008-09. The effective grounds of appeal are as under:- 1. That on the facts and in the circumstances of the case the ld CIT(A) is wron ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Lalita Devi. An amount of ₹ 6,50,000/- was seized from it. The assessee has given statement U/s 132(4) stating that out of mother s cash totaling ₹ 99,520/- an amount of ₹ 75,000/- belongs to him and are not entered in regular books of account, which was out of undisclosed source and had surrendered total amount of ₹ 6,50,000/- on account of undisclosed cash. However, in the return of income, he disclosed surrendered amount ₹ 5,30,000/- as additional income for the current year. The Assessing Officer gave reasonable opportunity of being heard on this issue, it was submitted by the assessee before the Assessing Officer that after the search the assessee completed the entries of the cash book and as per the sai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rse of search. In fact cash amounting to ₹ 99,520/- was found from the possession of Smt. Lalita Devi and out of such cash she admitted that cash amounting to ₹ 75,000/- pertain to the assessee. Further no such cash books was found and seized during the course of search. Moreover the alleged cash of ₹ 2,00,000/- is stated to have been received during the month of September, 2007, whereas the search was conducted on 14/3/2008 and there is a gap of almost one year and it cannot be said in certainty that the said cash will remain with the appellant. In this background, the preparation of such cash book subsequently to search that too when no such cash book was found during the course of search and no such facts were stated du ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llav Das Parwal amounting to ₹ 5,70,703.87. These entries of receipts are recorded in the books of account of Smt. Lalita Devi and was shown in her balance sheet filed with return of income. The ld AR has drawn our attention on page No. 9 to 12 of the paper book. The assessment of Smt. Lalita Devi was also completed U/s 143(3) of the Act wherein details of receiving cash and capital from husband was enquired by the Assessing Officer and on furnishing the same explanation, it was accepted in assessment. Thus the cash of ₹ 2,00,000/- was available with mother of assessee who gave to his son Hari Narain Parwal on above dates which is without any time gap and assessee recorded the same in his cash book. The copy of cash book of asse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ta Devi before A.O. who accepted them. The finding of CIT (A) that ₹ 2,00,000/- stated to have been received during Sept. 2007 and search was conducted on 14-3-2008 and there is a gap of almost one year (though it is less than 6 months and so finding is incorrect) and it cannot be said in certainty that the cash will remain with the assessee is also wrong as assessee maintains cash book wherein all incomings of cash and outgoing was maintained which has been accepted in assessment and otherwise there is nothing on record for utilization of cash received other than what is stated by assessee. Thus findings of CIT (A) are arbitrary and contrary to record which are not sustainable and addition deserves to be deleted. It is, therefore, pr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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