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TMI Blog2023 (4) TMI 43X X X X Extracts X X X X X X X X Extracts X X X X ..... been made by the Tribunal The argument of the learned counsel for the appellant that addition of Rs. 1 lac towards income as a gift given by NRE, is liable to be rejected as the petitioner failed to explain its source and genuineness of the gift. No substantial question of law. - ITA-643-2005 (O&M) - - - Dated:- 24-3-2023 - HON'BLE MS. JUSTICE RITU BAHRI AND HON'BLE MRS. JUSTICE MANISHA BATRA Present: For the Appellant : Mr. S.K.Mukhi, Advocate. For the Respondent : Ms. Pridhi Jaswinder Sandhu, Junior Standing Counsel. Ritu Bahri, J. CM-24970-CII-2005 Application is allowed and Annexures A-1 to A-16 are taken on record. ITA-643-2005 The present appeal has been filed by Char ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of Rs.45,091/- remained unexplained and the same was added to the declared income of the assessee. With respect to cash found on the business premises, the assessee explained the cash amount of Rs.5,37,000/- out of Rs.6,80,000/- leaving an amount of Rs.1,43,000/- as unexplained. This amount was considered as assessee income from undisclosed sources and was added to the declared income. With respect to jewellery, no adverse inference was drawn. With respect to incriminating documents, an amount of Rs.15,000/- was considered to be income of the assessee from undisclosed sources. The panchnama (Annexure A-1) was prepared with respect to earnest money received through plot Nos. 151, 159, 160 and 161 situated in J.P. Nagar Jalandhar. He ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 8,46,200/- was deleted from Rs. 10 lacs and now the remaining amount i.e. Rs. 1,53,800/- still remained to be adjusted out of the voluntary surrender made by the assessee (at page no. 56 of the paper-book). Further, an addition of Rs. 7, 69, 091/- was made as income of the assessee, the details of which are mentioned at page No. 56 of the paper-book. Out of Rs.7,69,091/-, an amount of Rs.1,53,800/- was deleted giving credit to the assessee. Now, the additional income of Rs.6,15,291/- was made and re-assessment was done as under:- Income as returned: 12,00,000/- Add: An addition of Rs.6,15,291/- is made to the assessee' income ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ate authority (Annexure A-3) and before the Tribunal, the assessee had got relief of Rs.6,15,291/- by deleting the said amount from his income. On a meager amount of Rs. 1 lac, the petitioner filed an appeal before this Court. There is no ground to entertain this appeal as income of Rs. 12 lacs as declared by the petitioner has been accepted and deletion of Rs.6,15,291/- has already been made by the Tribunal The argument of the learned counsel for the appellant that addition of Rs. 1 lac towards income as a gift given by NRE, is liable to be rejected as the petitioner failed to explain its source and genuineness of the gift. Learned counsel for the appellant has referred to the judgments which are not applicable in the facts of the pr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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