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TMI Blog2022 (9) TMI 1493X X X X Extracts X X X X X X X X Extracts X X X X ..... ins that the factum of cash withdrawn from bank is not at all disputed. It is not a case of the AO that the amount withdrawn from bank account was utilized or deposited somewhere else, it was CIT(A) who improvised the stand of revenue by taking into consideration.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. As explained by the assessee before ld. CIT(A) that the family size of assessee s is 10 comprising assessee, his wife, two sons and two daughters-in-law and four grandchildren. 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 ot ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rarily the working given by the assessee. (iii) That the above said addition has been made by gross misinterpretation of facts and figures provided by the assessee before the Id. CIT(A). 4. On the facts and circumstances of the case, the learned CIT(A) has erred both on facts and in law in confirming the action of the AO in levying tax by invoking the provisions of section 115BBE of the Act despite the fact that the provisions of the said section having came into force w.e.f. 01.04.2017 same cannot be applied in the relevant assessment year considering the same as having retrospective effect. 3. Apropos above grounds, the ld. Authorized Representative (AR) submitted that the ld. CIT(A) has erred both on facts and in law in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g and earning. Therefore, even in an normal routine, the earning of family members living jointly would certainly contribute to meet routine expenses of family as well as the extraordinary and special expenses on special occasions and festivals. 6. Placing reliance on the order of Co-ordinate Bench of ITAT Cochin Bench in the case of Shri Mathew Philip Vs. ITO dated 29.11.2019 in ITA No. 443/Coch/2019, the ld. Counsel submitted that merely because the cash withdrawn from bank was kept by the assessee and deposited after laps of sometimes cannot be doubted especially when neither the Assessing Off icer nor the ld. CIT(A) brought on record any fact that the amount withdrawn by the assessee was utilized for other purposes or deposited in an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ailment of cancer and he could not attend to business and financial matters and kept the cash withdrawn from Bank on 31/12/2013 for medical treatment and other expenses and deposited the amount in Bank only on 26/09/2014. In support of his claim, the assessee has produced discharge summary dated 06/11/2013 from Lourde Hospital, Ernakulam before AO. He has also produced CT Scan report dated 11/07/2013 which is not disputed by the lower authorities. The Assessing Officer has not accepted the contention of the assessee that he has kept the cash idly in his hands on the reason that he has not filed the wealth tax return showing the cash in hand. The Assessing Officer has not doubted the withdrawal of cash. However, the fact is that the assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... accepted, unless contrary is brought on record which has not been done in this case. Considering the totality of the facts and circumstances of the case and in view of the discussions above, the cash deposits made by the assessee on various dates should be reasonably presumed that it is from earlier withdrawals made by the assessee on various dates. Accordingly, we delete the entire addition of Rs. 32.5 lakhs made by the Assessing Officer. 9. In view of the above, I observe that the Co-ordinate Bench of Tribunal held that sometimes it may happen that the cash withdrawals from bank account continues remains as cash balance with the assessee even for many month and for sometimes cash withdrawn is utilized on the same day. All these prob ..... X X X X Extracts X X X X X X X X Extracts X X X X
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