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2020 (1) TMI 51

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..... nt possession of the assessee and his wife Smt. Gomati Devi. The possession of cash as Stridhan by Smt. Gomati Devi cannot be ruled out in the light of the customs prevailing in the society. FAA completely ignored the fact that there were cash withdrawals from the banks on two occasions amounting to ₹ 3 lakhs. Added to this, Stridhan of Smt. Gomati Devi at ₹ 4,28,391/- would suffice to explain the cash of ₹ 4,71,000/- Considering the afore-stated facts in totality, we do not find any merit in the additions made by the AO. We, accordingly, direct the Assessing Officer to delete the impugned additions - Decided in favour of assessee. - ITA No. 837/DEL/2017 - - - Dated:- 31-12-2019 - Ms. Sushma Chowla, Judicial .....

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..... search of the residential premises No.535, Sector-14.Faridabad a total cash amounting to Rs. I6,l0.l00/-has been found. Brake up of which is as under: (i) Cash found from bedroom of Gomati DeviJindal G.S Jindal ₹ 4,71.900/- (ii) Cash received from Sunil Jindal Jindal bedroom ₹ 6 , 33 , 000 /- (iii) Cash received from Anil Jindal Mrs. Shashi Jindal bedroom ₹ 3,83,900/- (iv) Cash received from Vinod Jindal Mrs.Ritu Jindal bedroom ₹ 1,21,300/- Please consult all the above family members and explain the sources of this cash. Ans. We withdraw ₹ 40,000/- each member(4 members) pe .....

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..... Anil Jindal 175.966 Bank With drawal 200,000 20.04.12 Copy of Cash Statement/Bank Statement 2 Sunil Jindal 76.953 Bank With drawal 100.000 20.04.12 Copy of Cash Statement-' Bank Statement 3. Vmod Jindal 93533 .....

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..... Bank With Drawal 100000 29.02.12 Copy of Cash Statement/Bank Statement 7 Shalini Jindal 185498 Bank With drawal 200,000 20.04.12 Copy of Cash State mend Bank Statement 8. Anil Jindal (HUF) 169887 Rental Income 1,60.888 .....

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..... e wife of the assessee, as claimed, cannot be accepted. However, explanation was accepted to the extent of ₹ 1 lakhs on account of Stridhan and addition of ₹ 3,50,000/- was sustained. 8. Before us, the ld. counsel for the assessee reiterated what has been stated before the lower authorities. 9. Per contra, the ld. DR strongly supported the findings of the Assessing Officer. 10. We have given thoughtful consideration to the orders of the authorities below. The undisputed facts are that during the course of search proceedings itself, the assessee has explained the break-up of cash in the name of his family members. Such break-up is exhibited elsewhere. The undisputed fact is .....

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