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TMI Blog2024 (4) TMI 1116X X X X Extracts X X X X X X X X Extracts X X X X ..... d uncontroverted. It is settled law that the contents of an affidavit should be read correct and full unless not controverted Considering the reconciliation and cash flow statement filed by the assessee along with family settlement deed and affidavit of assessee s wife, wherein she owned responded of having deposited of cash out of her owned source and saving., Therefore, without controverting the fact stated of affidavit by the wife of the assessee, the addition made by the lower authorities even for an amount of Rs. 12,87,100/-is also not sustainable in the hands of the assessee and therefore, the same is directed to be deleted. Ground raised by the assessee is allowed. - Dr. S. Seethalakshmi, Jjudicial Member And Shri Rathod Kamlesh Jayantbhai, Accountant Member For the Appellant : Sh. Shri S.L. Jain, Adv., Sh. Shrawan Kr. Gupta, Adv. And Sh. Ashok Kr. Gupta, Adv. For the Respondent : Ms. Nidhi Nair, Sr. DR ORDER PER: DR. S. SEETHALAKSHMI, JM: This appeal filed by assessee is arising out of the order of the ld. CIT(A), National Faceless Appeal Centre, Delhi dated 21.08.2023 [here in after ld.CIT(A)(NFAC) ] for assessment year 2017-18, which in turn arise from the order dated 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sideration he has filed his ITR declaring the total income of Rs. 7,72,480/- on 21.07.2017. The case of the assessee was selected for scrutiny by issuing the notice u/s 143(2) on 13.08.2018. The Assessing Officer has noted that the assessee has deposited cash of Rs. 18,29,500/- in his bank account during the demonetization period. The assessee has replied that the sources of the same is out of savings since A.Y. 2012-13 and also of his wife since A.Y. 2012-13. The AO mentioned the details of the bank account and deposits at page 1-2 of the assessment order. The AO has observed that he obtained the copies of return of assessee's wife, Smt. Kanak Lata Chhajed, where she has shown cash deposits aggregating to Rs. 7,35,000/- in bank accounts. The assessee has replied that he had already submitted to the department in his initial reply of cash deposit that most of the cash belongs to his wife and she assumed that it was declared in her husband's personal return so she was not required to disclose it in her personal income tax return. However the AO has not accepted the reply of the assessee and held as under:- wife of the assessee had not shown such deposits in her return. Furth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ount of Rs. 16,09,500/- was treated as unexplained money u/s 69A of the Act and added the same to the total income. Further I find from the letter dated 02/10/2018 filed before the AD that the source of cash deposits was explained by stating that the Rs 2,20,000/- was out of old savings/withdrawals from bank accounts of the appellant and the balance amount of Rs. 16,09,500/- was deposited out of cash received from his wife which was withdrawn by her from her bank accounts. Vide letter dated 08/12/2019, it was submitted by the appellant before AD that the total cash withdrawn from the bank accounts was Rs. 4,58,400/- and opening cash balance as on 01/04/2018 was Rs. 1,42,100/- and house hold expenses were Rs. 58, 100/-. In this reply the appellant claimed that he has received cash of Rs. 15,59,000/- from his wife. In the letter 11/10/2019 submitted to the AO, the appellant has claimed that his wife had received Rs. 3,61,000/- on family settlement due to death of her mother and the same was available with her as on 01/04/2012. However no supporting evidence has been filed in this regard by the appellant. From the above explanation submitted by the appellant before AO, I find that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he books of accounts are not maintained by the appellant, provisions of section 69A of the IT Act are applicable to his case. In view of the above discussion, the addition made by the AO is restricted to Rs. 12,87,100/- (Rs. 18,29,500/- (-) Rs. 5,42,400/-) as against addition made by the AO of Rs. 16,09,500/-. Thus the relief of Rs. 3,22,400/- is granted to the appellant. Thus the grounds raised by the appellant are partly allowed. 6. Ground No.3:- In the ground the Appellant reserved the right to add to above grounds of appeal and/or to amend, modify and to delete any of then on or before the hearing of appeal. However during the course of appellate proceedings, the appellant has not exercised this option. Therefore the ground raised by the appellant is dismissed. 7. In the result, the appeal is partly allowed. 5. As the assessee did not receive any favour from the appeal filed before ld. NFAC/ CIT(A). The present appeal filed against the said order of the ld. NFAC before this tribunal on the grounds as reiterated in para 2 above. 6. To support the various grounds so raised by the ld. AR of the assessee and has relied upon the following index in support of the contentions so raise ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ants. The cash book of the appellants was accepted and the entries therein were not challenged. No further documents or vouchers in relation to those entries were called for, nor was the presence of the deponents of the three affidavits considered necessary by either party. The appellants took it that the affidavits of these parties were enough and neither the Appellate Assistant Commissioner, nor the Income-tax Officer, who was present at the hearing of the appeal before the Appellate Assistant Commissioner, considered it necessary to call for them in order to cross-examine them with reference to the statements made by them in their affidavits. Under these circumstances it was not open to the Revenue to challenge the correctness of the cash book entries or the statements made by those deponents in their affidavits. This being the position, the state of affairs, as it obtained on 12th January, 1946, had got to be appreciated, having regard to those entries in the cash books and the affidavits filed before the Appellate Assistant Commissioner, taking them at their face value. The entries in the cash books disclosed that, taking the number of high denomination notes at 18 on 2nd Janu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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