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Income Tax Appellate Tribunal, DELHI BENCHES “SMC-1” : DELHI
Before: SHRI R.K. PANDA
This appeal filed by the Assessee is directed against the Order dated 20.02.2019 of the Ld. CIT(A)-1, Gurgaon, relating to the A.Y. 2011-2012.
2 ITA.No.6248/Del./2019 Shri Pramod Kumar, Gurgaon.
None appeared on behalf of the assessee at the time of hearing. A perusal of the record shows that the assessee was issued number of notices through RPAD and all the letters were returned by the Postal Authorities with the remarks “Not Known”. The assessee has also not taken any steps to intimate the changed address, if any. Therefore, I deem it proper to decide the appeal on the basis of material available on record and after hearing the Ld. D.R.
Facts of the case in brief are that the assessee is an individual. On the basis of AIR information that the assessee has deposited Rs.10 lakhs cash in his savings bank A/c and assessee did not reply to the various notices issued as per the compliance window created on e-filing portal, the A.O. reopened the assessment after recording reasons and notice under section 148 of the I.T. Act was issued after obtaining prior approval from the PCIT. Subsequently, the A.O. issued notice under section 142(1) of the I.T. Act, 1961. In response to the said notice, the assessee filed return of income declaring total income of Rs.3,73,180/- under the Head “Salary”. The A.O. issued
3 ITA.No.6248/Del./2019 Shri Pramod Kumar, Gurgaon. notice under section 142(1) along with a questionnaire and in response to the same, the assessee filed requisite details.
3.1. During the course of assessment proceedings, the A.O. asked the assessee to substantiate the source of cash deposit of Rs.10 lakhs in his S.B. A/c. It was explained by the assessee that he was looking for purchase of a house and for this reason has collected cash from his brother and others which was deposited in lump sum on 19.05.2010. The assessee also submitted that he has received cash gift of Rs.4,80,000/- from brother and Rs.2,90,000/- cash gift from his mother. However, the A.O. was not satisfied with the explanation given by the assessee regarding the source of such cash deposit and made addition of RS.10 lakhs to the total income of the assessee.
3.2. In appeal, the Ld. CIT(A) granted part relief to the assessee by deleting the addition of Rs.3,10,000/- and sustained the addition of Rs.6,90,000/- by observing as under :
4 ITA.No.6248/Del./2019 Shri Pramod Kumar, Gurgaon.
Aggrieved with such order of the Ld. CIT(A), the assessee is in appeal before the Tribunal by raising the following grounds :
5 ITA.No.6248/Del./2019 Shri Pramod Kumar, Gurgaon.
6 ITA.No.6248/Del./2019 Shri Pramod Kumar, Gurgaon.
I have heard the Ld. D.R. and perused the record. I find the A.O. in the instant case made an addition of Rs.10 lakhs being the cash deposited by the assessee in his Bank A/c on the ground that the assessee has failed to prove the creditworthiness of the lenders/donors and genuineness of the transaction in respect of the gifts received from mother, wife and brother of the assessee. Despite granting sufficient opportunities, the assessee also could not submit Form-J and Girdavari of the relevant year to justify the source of cash in the hands of his brother and mother which is said to be out of their agricultural income. I find the Ld. CIT(A) after considering the submissions made by the assessee
7 ITA.No.6248/Del./2019 Shri Pramod Kumar, Gurgaon. from time to time gave relief of Rs.3,10,000/- and sustained the addition of Rs.6,90,000/- the reasons of which have already been reproduced in the preceding paragraphs. I do not find any infirmity in the order of the Ld. CIT(A) in sustaining the addition of Rs.6,90,000/- in absence of any contrary material brought to my notice. Since the order of the Ld. CIT(A) is a very reasoned one, therefore, I do not find any infirmity in his order. Accordingly, the same is upheld and the grounds raised by the assessee are dismissed.
In the result, appeal of the assessee is dismissed.
Order pronounced in the open Court on 24.11.2021.