9911796707
TMI Blog2025 (4) TMI 213X X X X Extracts X X X X X X X X Extracts X X X X ..... al Cirrcle -16 New Delhi, (here in after referred to as Learned (A.O.) for the Assessment Year 2015-16 under section 153A/143(3) of the Income Tax Act, 1961 [herein after, the Act]. 3. The assessee has raised the following grounds in appeal: 1. That the Ld. Commissioner of Income Tax Appeals (hereinafter referred as "CIT(A)') has erred in law and facts of the case while partly confirming the assessment order passed w/s 153A r.w.s 143(3) of the Income Tax Act, 1961 (hereinafter referred as "the act') dated 31.12.2018. 2. That the L.d. CIT(A) has erred in law and facts while confirming the addition of Rs. 8,51,000/-on account of unexplained cash deposit u/s 69A r.w.s 115BBE of the act, while the appellant left no stone unturned t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Act was issued on 20-11-2018 and the assessee filed return of income in the response of the notice declaring total income of Rs. 1,13,770/-. Subsequently notice u/s 143(2) and 142(1) of the Act were issued. In the response of the notice the authorized representative attended the proceeding. The Learned A.O has completed the assessment by making the additions as under: (i) Addition on unexplained cash deposit u/s 69 A r.w.s.115 BBE of the Act Rs 8,51,000/- (ii) Addition on unexplained money credited u/s 69 A r.w.s. 115 BBE of the Act Rs 84,00,000/-. 5. Aggrieved by the order of the Learned A.O. the assessee has filed this appeal before the Ld. CIT(A), who vide his order dated 11-01-2021 partly allowed the appeal and the addition m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ore no addition can be made in the absence of the incriminating material. Reliance has been placed on the decision of Principal Commissioner of Income Tax, Central-3 vs Abhisar Buildwell (P.) Ltd. [2023] 149 taxmann. Com 399(SC). The Ld AR also submitted that the assessee has received the gift from her relatives and family members. He has further submitted that gift received from the family members, relatives do not come under the purview of the income tax and exempted for the tax. He has stated that there is no column available in the ITR to declared the gift items. The suspicion cannot take place of proof. Reliance has been placed on the decision of Umacharan Shaw & Bros vs CIT 37 ITR 271(SC). 9. In the present case the assessee deposite ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... C) of section 10; or (g) from any trust or institution registered under section 12AA. Explanation. -For the purposes of this clause, "relative" means- (i) spouse of the individual; (ii) brother or sister of the individual; (iii) brother or sister of the spouse of the individual; (iv) brother or sister of either of the parents of the individual; (v) any lineal ascendant or descendant of the individual; (vi) any lineal ascendant or descendant of the spouse of the individual; (vii) spouse of the person referred to in clauses (ii) to (vi);" 11. The assessee has submitted the details of the donors along with the cash amounts received on various occasions to prove that are the exempted gifts were provided to the assessee. In In ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
