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TMI Blog2025 (2) TMI 1032X X X X Extracts X X X X X X X X Extracts X X X X ..... and to establish the source of cash deposit and source of income.
From the careful perusal of the above documentary evidences placed before the Tribunal, we find that the assessee has deposited the cash in the Bank out of the income of family members for the purpose of marriage expenditure appears to be bonafide and reasonable. Therefore, we direct the Assessing Officer to delete the addition sustained by the CIT(A) - Decided in favour of assessee. X X X X Extracts X X X X X X X X Extracts X X X X ..... l justice and technical considerations are pitted against each other, cause of substantial justice deserves to be preferred for the other side cannot claim to have vested right in injustice being done because of a non-deliberate delay. It has further been held that refusing to condone delay can result in a meritorious matter being thrown-out at the very threshold and cause of justice being defeated. As against this, when delay is condoned, the highest that can happen is that a cause would be decided on merits after hearing the parties. In view of the above decision of Hon'ble Supreme Court in the case of Collector, Land Acquisition vs., MST Katiji (supra) and considering the contents of the condonation application filed along with the affid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Income Tax Act, 1961. 6. On being aggrieved, the assessee carried the matter in appeal before the learned CIT(A) and reiterated his submissions. Before the learned CIT(A), it was the submission of the assessee that he is having two bank accounts i.e., one is with SBI, Ameerpet Branch which is the salary account of the assessee and the second one is Indusind Bank, Miyapur Branch which is personal bank account used for personal transactions as well as family members transactions which is near to assessee's home and that assessee having joint family staying with his mother, father, brother and his wife along with daughter and since the assessee is the elder in the family all the family members transfer their salary to assessee's personal acc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s out of income from salary and past savings and also income of family members. In support of this contention, the assessee has filed certain evidences including copies of income tax returns filed by his family members under Rule 29 of ITAT Rules, 1962 as additional evidence. He submitted that the source of the cash deposit in the bank account is out of amount received from Smt. Indira Pasupuleti, Mother of the assessee and Smt. Surekha, Wife of the assessee through banking channel and both of them are income tax assessee's and filed regular returns of income declaring sufficient income to explain source of impugned cash deposits. Learned Counsel for the Assessee submitted that the assessee is residing in joint family and during the period ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2018 which are already with the Department and also an affidavit from Smt. Indira Pasupuleti and Smt. Surekha, Mother and Wife of the assessee, respectively, where they were admitted to have paid cash to the assessee and to establish the source of cash deposit and source of income. From the careful perusal of the above documentary evidences placed before the Tribunal, we find that the assessee has deposited the cash in the Bank out of the income of family members for the purpose of marriage expenditure appears to be bonafide and reasonable. Therefore, we are of the considered view that the learned CIT(A) ought to have allow the balance sum of Rs. 8,95,000/- [i.e., out of 69A total addition of Rs. 16,00,000 (-) part relief granted by learned ..... X X X X Extracts X X X X X X X X Extracts X X X X
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