9911796707
TMI Blog2022 (9) TMI 461X X X X Extracts X X X X X X X X Extracts X X X X ..... Tax Officer, Udhampur, order passed u/s. 144 of the Act, date of order 28.03.2013. 2. Brief fact of the case is that the assessee in his minor age with two major had opened bank account on July 1981. The two majors are in relation of father and uncle of assessee. The PAN was used of his father in the bank account, maintained by the Jammu Central Cooperative Bank Ltd., bearing account 1656. The certificate from bankers is enclosed in APB page No. 22 as proof of existence of account. In the financial year under appeal the assessment was completed u/s. 144 and addition was made in deposit of cash in saving bank account. During the assessment year under appeal the assessee was major and bank account is maintained by his uncle and father. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... A. appeared and filed return of income in response to the notice under section 148 along with bank account statements and bills. In the reply he has stated that cash deposit in the saving account maintained with Jammu Central Co-operative bank, Bhaderwah is out of the sale proceeds of the small book shop of the assessee under the name and style M/s. Goni Book, shop, Bhaderwah. On 16.06.2017 a letter asking the assessee to produce Bank account statement of Jammu and Kashmir bank as earlier submitted was not legible and also asked furnish the copy of registration under shop and establishment act to establish the existence of the shop fixing the case for hearing on 23.06.2017. Finally on 19.07.2017, Sh. Anil Gupta C.A. appeared on behalf of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bench. 8. We heard the rival submission and considered the documents available in the record. The assessment of the assessee was made after attaining the age of majority in relation to the deposit of cash in bank account. The source of deposit was already accepted by the revenue authority in the hands of father related to assessment order as mentioned above for same bank account. The PAN of the assessee was wrongly mentioned including the erroneous name in assessment order. The revenue authority was erred to make addition in the hand of the assessee which was not related at all to assessee. The deposit of cash in the bank is recorded in the books of accounts of M/s. Goni Book Shop Bhaderwah which is related to his father & uncle. The two ..... X X X X Extracts X X X X X X X X Extracts X X X X
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