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2015 (3) TMI 1352

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..... ice, it is not proper to get loan from stranger. There will be problems for them and they returned the money immediately to the appellant's bank account by RTGS. The above submission of refund of money is available on record. Therefore, ₹ 15,80,000/- was returned by assessee's husband from their joint account to Mr. W. Sutong. Hence, in our considered opinion, the CIT(A) has rightly gave a relief to the assessee of ₹ 15.80 Lakh. In the background of the aforesaid detailed discussions, we find that Ld. CIT(A) has rightly deleted the addition of ₹ 15,80,000/- and sustained the balance addition of ₹ 38,000/-. - Decided against revenue - I.T.A. No. 4579/DEL/2013 A.Y.: 2010-11 - - - Dated:- 20-3-2015 - S .....

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..... deposits of ₹ 16,18,000/- in her saving bank account with SBI, IP Estate, New Delhi. 3.1 During the course of assessment proceedings, the assessee was required to explain the source of this deposit in her account. The assessee has explained the source of the deposit alongwith filing of affidavit, copy of bank pass book and copy of the Driving License of the person who made deposit in her account. Thus the source of the deposit and identity of the person who made that deposit, was explained by the assessee. The AO did not accept the explanation / evidence of the assessee and made the addition in dispute vide his assessment order dated 30.3.2013 passed u/s 143(3) of the I.T. Act, 1961. 4. Against the aforesaid assess .....

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..... ctor of Meghalaya PWD department and was also not Income Tax Assessee, as he was a Tribal man from Meghalaya and he is exempted from Income Tax u/s 10(26) of I.T. Act. The genuineness, credit worthiness and identity of Mr. W. Sutong is verified and found to be correct. Thus the assessee's version of truth was placed before A.O. also, but A.O. did not find any evidence contrary to above facts. Ld. CIT(A) further observed that the assessee s husband was working in Meghalaya House and he used to come across the friend Mr. W. Sutong in the Meghalaya House. When the assessee and her husband purchased a house, they had discussed the matter with the Mr. W. Sutong and Mr. W. Sutong agreed to pay them ₹ 16,18,000/- by cash in their bank ac .....

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