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Facts
During a search operation, cash of Rs.5,13,800/- was found at the assessee's residence. The AO and CIT(A) added Rs.1,13,300/- to the assessee's income, being unsatisfied with the explanation that the amount represented gifts and past savings.
Held
The Tribunal held that considering the assessee's high income and lifestyle, it is plausible to receive gifts and have past savings. Thus, the addition of Rs.1,13,300/- was unwarranted and should be deleted, as the assessee had explained the source.
Key Issues
Whether the addition of unexplained cash of Rs.1,13,300/-, found during a search and seizure operation, was justified when the assessee claimed it was from gifts and past savings.
Sections Cited
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Income Tax Appellate Tribunal, DIVISION BENCH, ‘A’ CHANDIGARH
Before: SHRI LALIET KUMAR & SHRI KRINWANT SAHAY
PHYSICAL HEARING O R D E R PER LALIET KUMAR, JM
This is an appeal filed by the assessee against the order of the ld. Commissioner of Income Tax (Appeals)-3 Gurgaon (hereinafter referred to as the " CIT(A)") dated 08.11.2024 for the assessment year 2021-22 challenging the addition of Rs.1,13,300/- made by the AO and confirmed by the ld.CIT (Appeals).
In this regard, the submission of the assessee is that a search & seizure operation was carried out at the business and residential
ITA-32/CHD/2025 2 premises of M/s Nectar Lifesciences Ltd. on 13.12.2020 and during the course of search, cash of Rs.5,13,800/- was found from the residence of the assessee. In the appellate proceedings, the assessee has explained the source of various cash found in the premises, however, the ld. AO was not satisfied with the explanation with respect to the amount of Rs.1,13,300/- and the said amount has been added in the hands of the assessee which was later on confirmed by the ld.CIT (Appeals).
Before us, it was submitted by the ld. AR that the assessed income of the assessee is more than Rs.1,00,00,000/- ( 1 crore) and therefore, it is quite probable to have the available cash of more than Rs.3,00,000/- in possession of the assessee. It was submitted by the ld. AR that the amount was received by the assessee as gifts on birthdays and marriage anniversaries and therefore, the Lower Authorities were wrong in making the addition in the hands of the assessee.
Per contra, the ld. DR had submitted that the AO/ld.CIT (Appeals) had already granted the substantial relief to the assessee and therefore, the assessee does not deserve further relief from the Tribunal.
We have heard the rival parties and gone through the record. In the present case, the AO had computed the income of the ITA-32/CHD/2025 3 assessee at Rs.1,21,29,203/- as against the income disclosed in the return of income to the extent of Rs.1,19,77,570/-. Thus, the additions of Rs.1,13,300/- were made in the hands of the assessee. In our considered opinion, when the assessee is maintaining such a lifestyle and earning such huge income, then it is expected to receive the gifts on the occasion of marriage anniversary and birthdays. Further, it is also plausible that the amount has been received from the past savings. In view of the above, we do not find any reasons for the lower authorities to make the addition and we are of the considered opinion that this addition of Rs.1,13,300/- is required to be deleted, as the assessee has explained the source of the said amount found in possession.
In the result, appeal of the assessee is allowed. Order pronounced on 17.12.2025.