9911796707
TMI Blog2017 (1) TMI 979X X X X Extracts X X X X X X X X Extracts X X X X ..... Infrastructure Development Co. is also a consistent claim on record. Copies of bank pass books of its father and son of the assessee in support of the affidavits filed are also stated to be on record. Thus find that on these material documents there is no discussion whatsoever in the orders of the tax authorities. Accordingly, holding the order devoid of discussion on material facts, the impugned order is set aside and the issue is restored back to the file of the AO directing the said authority to pass a speaking order denovo in accordance with law after giving the assessee a reasonable opportunity of being heard. - Decided in favour of assessee for statistical purposes. - I.T.A .No.-560/Del/2016 - - - Dated:- 17-1-2017 - SMT DIVA SING ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ined that the assessee s father had sold his agricultural land to M/s Triveni Infrastructure Development Company and the said company had paid his father by cheques of ₹ 37,70,309/- drawn on Bank of Baroda Delhi. The said cheque, it was stated was dishonoured by the Bank and as a result thereof the company agreed to pay the amount in cash to the assessee s father. Out of this cash payment the father it was submitted had required the assessee to deposit ₹ 30 lakh in his bank account. The said explanation was not accepted by the AO in view of the following reasons: i) During the course assessment proceedings the assessee was asked to furnish the documentary evidence regarding the dishonor of cheque of ₹ 37,70,309/- but ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... were deposited by Shri Ram Bax in his bank which was specifically opened with Punjab National Bank, Dharuhera for this purpose. The specific cheque of ₹ 37,70,309/- it was submitted was dishonoured twice on 1st September and 12th Sep. 2006. In the circumstances, it was submitted Shri Ram Bax requested the purchaser company to pay the amount in cash. As a result of this, the said amount was paid in cash to the assessee s father. It was submitted that since on the date, a bank employee of Rewari Central Co-operative Bank, Bawal was visiting the village, he was requested to open the account in the name of the assessee. The direction to open the account in the name of the assessee it was submitted have been given by the assessee s father. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt it was submitted cannot be required to be explained as it is the father s fundamental right to use the money in any legal manner. These detailed submissions which have been summed up above are found recorded at pages 4 to 7 of the impugned order. 3.1. However, the CIT(A) relying upon the Remand Report of the AO rejected the explanation offered holding as under:- A perusal of the facts reveal that the appellant has been unable to prove that the deposit in his account related to the amount purported to be received by his father. It is incomprehensible as to why when the father already maintained a bank account, the deposit should be made in the son s account. Dishonoring of a cheque does not automatically mean that the amount of ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nally has not been considered. 5.1. The Ld.Sr.DR submitted that the assessee has not been able to show that the amount had been returned to the father or not. How the said issue was relevant he was unable to address. 6. I have heard the submissions and perused the material available on record. I find that the issue whether the amount was returned to the father or not by the son is not the relevant issue for consideration in the present proceedings. The only issue which as per the query raised by the AO was whether the amount of ₹ 30 lacs found deposited in the assessee s bank account can be stated to be explained by the sale of agricultural land to M/s Triveni Infrastructure Development Co. by the assessee s father or not. I fin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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