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TMI Blog2023 (4) TMI 737X X X X Extracts X X X X X X X X Extracts X X X X ..... probability as when the purpose of renovation of house and marriage of son is deferred and the assessee was having cash amount withdrawn from his bank then after declaration of demonetization he had no option but to re-deposit the same to his bank account. This conduct is a normal conduct of a man ordinary prudent which cannot be doubted unless revenue authorities bring on record positive or adverse material to establish that the amount withdrawn by the assessee from his bank account was utilised or deposited somewhere else and the impugned amount of cash deposited by the assessee during demonetization was not the same which was withdrawn by the assessee from his bank account during pre-demonetization period. No such findings have bee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h amount could not be spent for the purpose it was withdrawn till the time of demonetization and therefore the assessee re-deposited major proportion of withdrawal amount to the extent of Rs. 10 lac belong to the cash withdrawn out of the FDR amount received on maturity on 30.05.2016, and rest Rs. 49,000/- was out of other withdrawals and past savings made by the assessee from time to time. Placing reliance on the order of ITAT Delhi dated 22.09.2022 in the case of Satish Kumar vs ITO in ITA no. 1711/Del/2021 for same A.Y. 2017-18. The learned AR drew our attention towards para 9 and submitted that until and unless the Assessing Officer established that the amount withdrawn from bank account was utilised or deposited somewhere else then the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g officer that the amount withdrawn from bank account was utilized or deposited somewhere else, it was ld. CIT(A) who improvised the stand of revenue by taking into consideration. The amounts contemplated by the assessee to the family to meet routine expenses. Be that as it may, it was explained by the assessee before ld. CIT(A) as noted in para 6 .5 of first appellate order that the family size of assessee s is 10 comprising assessee, his wife , two sons and two daughters-in-law and four grand children. In this situation when the son of assessee is doing construction business and other sons and both the daughters-in-law are also earning then the contribution of assessee Rs.20,000/- per month for household expenses and other expenses cannot ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vation of house and other expenses are incurred by the parents and in such a situation withdrawal of cash is a normal action of a father. So far as allegation of Ld. CIT(A) that entire amount of withdrawal was re-deposited is a fact of beyond probability is concerned I am not in agreement with such allegation as when the purpose of renovation of house and marriage of son is deferred and the assessee was having cash amount withdrawn from his bank then after declaration of demonetization he had no option but to re-deposit the same to his bank account. This conduct is a normal conduct of a man ordinary prudent which cannot be doubted unless revenue authorities bring on record positive or adverse material to establish that the amount withdrawn ..... X X X X Extracts X X X X X X X X Extracts X X X X
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