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TMI Blog2018 (12) TMI 978X X X X Extracts X X X X X X X X Extracts X X X X ..... ssee has no discretion in the matter. This proposition has been upheld by the Hon’ble Apex Court in the case of Anjum H. Ghaswala [2001 (10) TMI 4 - SUPREME COURT] and therefore uphold the action of the AO in charging the said interest. - ITA No.2677/Bang/2018 - - - Dated:- 14-11-2018 - Shri Jason P Boaz, Accountant Member For the Assessee : Shri. V. Srinivasan, Advocate For the Revenue : Shri. Guruprasad B. L, Addl. CIT ORDER PER JASON P BOAZ, ACCOUNTANT MEMBER This appeal by the assessee is directed against the order of CIT(A)-12, Bangalore dated 2.7.2018 for Assessment Year 2008-09. 2. Briefly stated, the facts of the case are as under: 2.1 The assessee, an individual deriving income from salary receive ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ght of evidence, probabilities, facts and circumstances of the case. 2. The learned CIT[A] is not justified in upholding the addition of ₹ 1,25,700/- being the aggregate of the deposits made in the bank account from out of earlier withdrawals from the bank accounts, which were made to meet the emergency medical needs of the appellant's mother-in-law, which on reimbursement came to be re-deposited in the bank accounts. The rejection of the explanation is unreasonable and is purely out of suspicion and surmise, assumptions and presumptions and accordingly vitiated. 3. Without prejudice to the above, even in extreme case of rejection of explanation, the learned A.O. ought to have taken the peak of the deposits of the bank a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... former Lecturer), a retired government servant used to return cash and the same was being re-deposited in the assessee s bank accounts. The assessee pointed out that he had also furnished evidence before the authorities below to show that his father-in-law drew pension from the government of ₹ 9,150/- per month in the period relevant to the year under consideration and has also in that period received ₹ 5,74,254/- on commutation of pension (copies at pages 5 to 20 of Paper Book). It was contended that these evidences were brushed away by the authorities below as not being substantial enough to support the source of the cash credits in question. 5.2 Per contra, the learned DR for Revenue supported the orders of the authoritie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s unexplained cash credits, is deleted. Consequently, ground Nos. 2 to 4 of assessee s appeal are allowed. 6 . Ground No. 5 Charge of interest u/s 234A and 234B of the Act 6.1 In this ground, the assessee denies himself liable to be charged interest u/s 234A and 234B of the Act. The charging of interest is consequential and mandatory and the assessee has no discretion in the matter. This proposition has been upheld by the Hon ble Apex Court in the case of Anjum H. Ghaswala in 252 ITR 1 (SC) and I therefore uphold the action of the AO in charging the said interest. The AO is however directed to re-compute the interest chargeable u/s 234A and 234B of the Act, if any, while giving effect to this order. 7. In the result, assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X
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