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TMI Blog2019 (3) TMI 481X X X X Extracts X X X X X X X X Extracts X X X X ..... g in the written submission before the Learned CIT(A) dated 07.05.2013 for Financial Year 2002-03 to 2007-08 have also been perused by us. We have carefully considered the judgments relied upon by the assessee as well. We find that since the pay-in-slips bore the signature of the assessee and not the signature of the assessee’s wife. AO came to a conclusion that the transactions were made by the assessee and not by his wife. While doing so, the AO did not take into account that the evidence relating to income from salary, stridhan, interest income for a prolong period in relation to the income of the assessee’s wife or that the fact that the preposition of deposing this money in a joint account by the husband by putting his own signature ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nlawful and against I the principles of natural justice. 1.2 The Ld. CIT(A) has grievously erred in law and or on facts in not considering fully and properly the submissions made and evidence produced by the appellant with regard to the impugned additions. 2.1 The Ld. CIT(A) has grievously erred in law and on facts in confirming the addition of ₹ 8,60,549/- out of cash deposits in bank account made by appellant's wife-Mrs. Richa Sharma, 2.2 That in the facts and circumstances of the case as well as in law, the Ld.CIT(A) ought not to have upheld the addition of ₹ 8,60,549/- out of cash deposits in bank account made by appellant's wife-Mrs. Richa Sharma. 3.1 The Ld CIT(A) has erred in rejecting the evid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... said account out of her past savings and cash withdrawals out of her past earnings from salary, tuition income, interest income, receipts of various social function, sale of jewellery etc. The opening cash balance of ₹ 6,90,530/- as on 01.04.2007 was reflected in her cash book. The pay-in-slips and cheques as obtained from the Bank by the Assessment Officer revealed that most of the instruments were bearing the signature of the assessee. The Learned AO on the basis of such documents came to a conclusion that the transactions were made by the assessee having a successful business of Civil Construction. Further that, the wife of the assessee declared limited sources of income in the form of salary income, tuition income and interest inc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... man 89/214 ITR 801 (SC). According to him, it is evident from the records that the assessee nowhere manipulated by hiding his income and therefore he prayed for deletion of addition made by the authorities below. On the contrary, the Learned DR relied upon the orders passed by the authorities below. 5. We have heard the respective parties, perused the relevant materials available on record. The documents namely the Bank Statement of the wife of the assessee, cash book and cash flow statement along with other documents annexed to the Paper Book show that those documents were duly placed before the authorities below. The only ground before us is to consider whether the addition has made by the authorities below u/s 69 in respect of cash d ..... X X X X Extracts X X X X X X X X Extracts X X X X
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