9911796707
TMI Blog2016 (11) TMI 1298X X X X Extracts X X X X X X X X Extracts X X X X ..... is thus, doubted except as referred in the paras above that the assessee had made cash withdrawals of ₹ 15,000/- on 05.06.2006 and ₹ 16,000/- on 09.06.2006, which can be said to be available with the assessee. Coming to the second stand of assessee that the source of cash deposit in the bank account is out of withdrawals made by the husband of assessee. The assessee has filed on record the bank statement of her husband. Undoubtedly, there are cash withdrawals from the said bank account but the withdrawals are similarly made by her husband in the range of ₹ 2000/- to ₹ 5000/- and on some occasions higher withdrawals of ₹ 10,000/- to ₹ 15,000/- has been made. However, the explanation filed by the assesse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4B and 234C of the IT Act, 1961 and hence the same may please be deleted. 3. The issue raised in the present appeal is against the addition of ₹ 2,00,900/-. The assessee has also raised the issue against interest charged under section 234B and 234C of the Act. 4. Briefly, in the facts of the case, the assessee had furnished return of income declaring total income of ₹ 2,07,064/-. In response to the notice issued for scrutiny, the assessee herself attended and explained the return and produced the documents / information as called for. The assessee was employed with HDFC Bank Ltd. and derives income from salary, house property, capital gains and other sources. On verification of the bank account of the assessee, it was no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unt. Another plea raised by the learned Authorized Representative for the assessee in respect of withdrawals made by the husband of assessee totaling ₹ 6,43,200/- and it was pointed out that part of the said amount was utilized by the assessee for deposits into the bank account. The learned Authorized Representative for the assessee also referred to the bank statement filed by the assessee. 8. The learned Departmental Representative for the Revenue on the other hand, placed reliance on the orders of authorities below. 9. On perusal of record and after hearing both the learned Authorized Representatives, the limited issue arising in the present appeal is with regard to source of cash deposits in the bank account maintained by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 09.06.2006 out of ATM withdrawals, as against which, sum of ₹ 69,300/- was deposited on 21.06.2006. The assessee at best has explained the availability of ₹ 31,000/- as cash in hand because the earlier withdrawals made by the assessee were too petty. On a particular date, the assessee was sometimes making withdrawals of two different amounts i.e. on 26.04.2006, there was ATM withdrawal of ₹ 1500/ - and another ATM withdrawal of ₹ 400/ -. Similar entries are found on various dates i.e. on 01.07.2006, there is ATM withdrawal of ₹ 1000/- and another withdrawal of ₹ 1000/- on the said date itself. Further, on 05.07.2006, the assessee had withdrawn sum of ₹ 1000/-. The withdrawals made by the assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the household expenses are also to be met out of withdrawals made by the assessee and her husband. Accordingly, the plea of the assessee is accepted to the extent of availability of cash of ₹ 1 lakh from her husband. Further, sum of ₹ 31,000/- out of withdrawals from the account of assessee is accepted and addition to that extent is deleted. However, the addition to the extent of ₹ 69,900/- is confirmed. The ground of appeal No.1 raised by the assessee is thus, partly allowed. 12. The levy of interest under section 234B and 234C of the Act is consequential and hence, the same is dismissed. The ground of appeal No.2 raised by the assessee is thus, dismissed. The grounds of appeal raised by the assessee are thus, partly a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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