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TMI Blog2023 (10) TMI 976X X X X Extracts X X X X X X X X Extracts X X X X ..... her bank account. It is pertinent to mention that in the cash flow the assessee has also shown household expenses for her livelihood even in a situation when she is living with her family. Accordingly, have no hesitation to hold that the AO was not correct in making addition u/s. 69A and CIT(A) was also not justified in upholding the addition to the extent of Rs. 9 lakh ignoring the entire facts and circumstances, cash flow statement and income shown and returned by the assessee during immediately preceding seven years and for present AY 2017-18. Assessee appeal allowed. - Shri Chandra Mohan Garg, Judicial Member For the Assessee : Shri P.C Yadav, Adv. For the Revenue : Shri Om Prakash, Sr.DR ORDER PER CHANDRA ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t given the copies of ITs starting from A.Y. 2012-13 to A.V. 2017-18 (Page.NO. 2 to 7 of the Paper-book) along with cash ledger appearing in the books of assessee w.e.f. 1.04.2011 to 01.04.2016 (at P.NO. 8 of the Paper-book) which shows balance of Rs. 12,65,933/- which amount tallied with P.NO. 10 of the Paper-book. It is also submitted that in Para 8 of assessment order, the AO has observed that assessee has not filed the ITR for the impugned year therefore none of such credits are recorded in the books. It is further submitted that this observation of the AO is incorrect in as much as the assessee has duly filed its ITR for A.Y. 2017-18 on 30.07.2017 (P.NO. 7 of the Paper-book) and the acknowledgment number of the same is given by the AO ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2/- in the beginning of financial year 2016-17 as on 01.04.2016 which cannot be doubted or disbelieved. Therefore action of the Assessing Officer in making addition u/s. 69A of the Act may kindly be set aside. 5. Further placing reliance on the judgment of Hon ble High Court of Delhi in the case of CIT vs. Kulwant Rai reported as 291 ITR 36 (Del.) the ld. counsel submitted that when the Assessing Officer rejecting the cash flow statement submitted by the assessee on the ground that the assessee must have spend the amount withdrawn from the bank for some other purposes and no material is on record to show that money was not available with the assessee then addition cannot be held as sustainable. Also placing reliance on the order of Hon b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mulated cash in hand which was deposited during demonetization period to her bank account. Merely, because the assessee was holding big amount of cash in her hand, the accumulation of cash from declared income, cash rental and salary income cannot be disbelieved unless the Assessing Officer establishes that the assessee had used the amount of the income accrued to her during earlier period, for some other purposes and there was no cash in hand at the time when the cash by deposited to her bank account. It is pertinent to mention that in the cash flow the assessee has also shown household expenses for her livelihood even in a situation when she is living with her family. Accordingly, I have no hesitation to hold that the Assessing Officer wa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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