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TMI Blog2025 (4) TMI 1024X X X X Extracts X X X X X X X X Extracts X X X X ..... be deleted 4. That the Ld Assessing Officer had erred on facts and circumstances of the case and in law in making an addition on account of cash Deposit by the Assessee of Rs. 30,66,000.00, being wholly based on conjecture and surmises and being untrue, the same must be deleted. 5. The addition made by the A.O. is devoid of any merits and is away from the factual matrix. The Submission is not made by the Assessee during Assessment period. The Cash deposited against earlier cash withdrawal from the assessee and Assesse's wife account. The Assesee's wife received compulsory land compensation. Therefore, there cannot be any tax liability and the said cash deposited explained as u/s 68 of Income tax act 1961. 6. That the impugned Assessment order passed by Ld. Assessing Officer Noida is a clear cut case of misunderstanding and wrong interpretation of Law. 7. That the appellant crave leave to add, alter, amend, delete or modify any or more of the ground of appeal before or at the time of hearing." 2. Facts of the case, in brief, are that as per AIR information the AO noticed that during F.Y. 2011-12 relevant to A.Y. 2012-13 the assessee had deposited cash of Rs. 30 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t, 1961 for the assessment Year 2012-13 in the case of the appellant and as per the information, details and explanation given by him, submit before your Honour as under: Statement of Facts of the Case:- The brief facts of the case are submitted before your Honor as under:- i. That the Assessee is a Resident of Vill-Aurangpur, Dankor Greater Noida, Tahsil Dankor Gautom Buddh Nagar and presently at E-26, Delta-I, Greater Noida GBN ii. That The Assessee is a Farmer and does not have any taxable income during AY 2012-13 except Agriculture only. iii. That The Assessee wife had received compulsory land compensation from Noida Authority for Rs 54.92 Lac on dated 18/05/2009 during AY 2010-11. iv. That The Assessee had deposited of Rs. 30.66 LAC/ Cash in Bank of Canara Bank. The Asseessee had also submitted his reply two times on dated 18/06/2019 & 25/06/2019 but The Ld AO did not take on records and made Ex parte order u/s 144 of the Income Tax Act 1961. v. That The Assessee father Shri lajjaram had received compulsory land compensation from Noida Authority for 2,00,26,400.00 (Rs 2.026 Cr. on dated 11/02/2009 during AY 2010-11. The Received amount of exempted u/s 10(3 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a few days and after that the Assessee deposited the same money in his account. The Assessee's wife's bank statement copy and withdrawal proof are also attached. viii. That the Assessee, Apart from this, the Assesse had 50 bigha agricultural land, the income of which used to come from time to time. He used to deposit the money at home and when he collected some money, he used to deposit it in his account. A copy of the account khatauni of the agricultural land is enclosed ix. Thus, once again I am briefly explaining the withdrawal Amount of Assessee wife during AY 2012-13 as Cash Flow Chart which is as follows: DATE Cash Withdrawal Deposit Balance Remarks If Any 26/09/11 75000 (-)75000 Cash Withdrawal 01/10/11 335000 (-)400000 Cash Withdrawal 21/10/11 200000 (-)410000 Cash Withdrawal 03/11/11 200000 (-)810000 Deposited against Cash Withdrawal 24/11/11 20000 (-)1310000 Cash Withdrawal 17/12/11 490000 (-)865000 Deposited against Cash Withdrawal Total 11,20,000/- 2,00,000/ Sir, I would also like to inform you that it is proved by facts and bank statement The Assessee's ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... de impugned assessment order u/s 144/147. The Ld. AO for the said AY 2008-09 had added his income as unexplained cash deposited u/s 69A of Income Tax Act 1961 as unexplained income as under: Returned Income Rs Nil Addition: Rs. 30,66,000/- Total Income as above Rs 30,66,000/ Tax Demand Rs 22,09,970/- Without prejudice to the legal position, facts and circumstances of the case as placed above, the aforesaid impugned additions were made by the Id. AO in most mechanical and arbiter manner, without any basis, without application of mind and with an acute prejudiced view. The facts and circumstances of the case do not warrant any additions with regards thereto. Grounds of Appeal:- Aggrieved from the unlawful, arbitrary, perverse and unjustified impugned action of the Ld. AO), the Assessee has preferred the present appeal before your honour and has taken following ground of appeal in form No. 36, which are reproduced here under for ready reference of your honor:- GROUNDS OF APPEAL :- 1. That the impugned Assessment order passed by the Hon'ble CIT (A) is bad in law, wrong on facts and against the Principal of natural justices hence is unsustainable. 2. That Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is attached for reference). The payment deposited against the cash withdrawal. The cash flow chart is self explanatory The Assessee Apart from this, the wife of the Assessee also received compulsory compensation for the agriculture land of Rs 54.92 Lac, which the Assessee's wife withdrew from her account and kept at home for a few days and after that the Assessee deposited the same money in his account. The Assessee's wife's bank statement copy and withdrawal proof are also attached. The Assessee, Apart from this, the Assesse had 50 bigha agricultural land, the income of which used to come from time to time. He used to deposit the money at home and when he collected some money, he used to deposit it in his account. A copy of the account khatauni of the agricultural land is enclosed. Thus, once again I am briefly explaining the withdrawal Amount of Assessee wife during AY 2012-13 as Cash Flow Chart as above. Sir, I would also like to inform you that it is proved by facts and bank statement The Assessee's wife (Smt Suman w/o Shri Sukhpal)) withdrew of Rs 11,20,000/-(11.20 Lac) between 26/09/2011 to 17/12/20111 and kept it at home. Out of that she deposite ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pulsory land proof of Assessee wife Suman Devi. ITO Vs. Deepali Sehgal: Explanation of assessee that cash deposits in bank was from cash withdrawals made in the past cannot be rejected by AO simply without establishing the fact that cash withdrawn was utilized by assessee for other purpose and not hold by assessee. Addition made only on the basis of Presumption "No doubt it is true that The received amount is exempted as above explanation, the assessing officer must consider the same, and to that extent he must make a guess: but the estimate must be related to some evidence or material and it must be something more than mere suspicion." It is horrible and strange that ITO added to the income entire cash deposited without any cogent evidence, without applying the mind, without acknowledging and without looking at the complete bank statement. Being a farmer, The Assessee believes in transactions by withdrawing his payment in cash and due to this the Assessee exchanged the payment from one account to another and from the second account to the first account and this issue came up before you but it is true that the Assessee has a source of exempted income which he had received and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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