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TMI Blog2023 (1) TMI 482X X X X Extracts X X X X X X X X Extracts X X X X ..... r passed by Ld AO u/s 143(3) /147 without appreciating that the Assessment Order is bad in law, void-ab-initio and is liable to quashed. 2. That on the facts and in the circumstances of the case and in law, Ld CIT-A erred in partly sustaining the order passed by Ld AO u/s 143(3) / 147 without appreciating the cash deposits are allowed partly from the proceeds of cash withdrawls is subjective and solely on the basis of whims and mercy of the Ld AO/ CIT(A). 3. That on the facts and in the circumstances of the case and in law, Ld CIT-A erred in partly sustaining the order passed by Ld AO, without appreciating that gifts received by spouse from her brother is genuine and such claim of gift inspite of furnishing an affidavit can't be w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... accept the contention and made addition of Rs. 12,55,000/-. Aggrieved against this the assessee preferred appeal before the learned CIT(Appeals), who out of the addition of Rs. 12,55,000/- deleted the amount of Rs. 9,63,000/- and rest of the addition was sustained. Aggrieved against this, the assessee preferred the present appeal before this Tribunal. 3. At the time of hearing one Shri Sanjay Rawat, proxy counsel, attended the proceedings and sought adjournment. However, looking to the facts that various opportunities were given to the assessee and the matter is being adjourned on one pretext or the other, the request for adjournment was rejected and the appeal was taken up for hearing. 4. Learned DR submitted that the learned CIT(Appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... no satisfactory evidence in respect of cash gift of Rs..50,C00/- in respect of Sh. Harish Kumar have been furnished. Further no credit can be allowed in respect of Rs.2,00,G00/- out of past/ current savings of the appellant and his wife in the absence of any satisfactorily evidence and moreover none of them has been filing their ITRs in the past years. Even if it is assumed that they were having income below taxable limits the same would have been consumed in their house hold expenses. The appellant has explained the source of cash deposits of Rs.3,00,000/- from the sale of gold jewelry by Smt. Saroj Tanwar and therefore, the source of cash deposit to this extent has been found as explained. Further there is merit in the submission of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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