SHRI MOHINDER SINGH,DASUYA vs. INCOME TAX OFFICER, DASUYA

ORDER Per Anikesh Banerjee, JM: The instant appeal is directed against the order of Ld. Commissioner of Income Tax (Appeal)-1, Jalandhar, {in brevity CIT(A)} bearing appeal no. CIT(A)-10229/JAL/01/2018-19 date of order 21.01.2020, order passed u/s. 250(6) of the Income Tax Act, 1961 (in brevity of the Act) for the Assessment year 2011-12. The impugned order was generated from the order of Income Tax Officer, Dasuya (in brevity A.O) order passed u/s.143(3)/147 of the Act date of order 20.12.2018.

Sh. Mohinder Singh, Hoshiarpur Asstt Year 2011-12 2. Tersely we advert the fact of the case. The assessee during the financial year 2010-11, deposited cash in bank account total amount of Rs.27,30,000/-.

Assessee was unable to explain the cash received from Mr. Ram Singh alias Davinder Singh amount of Rs.9,00,000/- before the ld. AO. The addition was made on unexplained cash deposited in the bank at Rs.9,00,000/- in the total income of the assessee. Aggrieved assesse filed an appeal before CIT(A). The assessee produced bank statement and explained that Mr. Ram Alias Davinder Singh withdrawn cash Rs.14,00,000/- on 09.12.2010 and deposited cash on same date Rs.1,40,000/-. The ld. CIT(A) wrongly passed the order and accepted fact that Rs.14,00,000/- was withdrawn by Mr. Ram Singh from his bank and same amount was deposited. The assesse filed rectification petition u/s. 154 against the order of ld. CIT(A) bearing appeal no. CIT(A)-1/JAL/10229/ 2018-19 date of order 20.06.2019. Accordingly Appellate Authority passed rectification order and accepted that Mr. Ram Singh withdrawn cash Rs.14,00,000/- anddeposited on same day Rs.1,40,000/- in his bank account. So there is sufficient cash with Mr. Ram Singh at Rs.12,60,000/- for paying to assesseRs. 9,00,000/-. But the ground of assessee was dismissed. Being aggrieved assesse filed an appeal before us.

Sh. Mohinder Singh, Hoshiarpur Asstt Year 2011-12 from Ram Singh. It is claimed that Smt. JaswantKaur W/O Sh. Mohinder Sing (assessee) and Smt. SharanjitKaur w/O. Sh. Ram Singh has jointly purchased an Agricultural land for Rs.18,00,000/-. It is claimed that Rs. 9,00,000/- was given in cash by Mr. Ram Singh and deposited in the bank account of assesse on 09.12.2010. Cash was withdrawn on dated 09.12.2010 at Rs.14,00,000/- from Oriental Bank of Commerce, Branch Tanda bearing account no. 05545111001577. Out of this cash Rs.9,00,000/- was paid to assessee. The bank pass book is annexed in paper book page no. 1 & 2. We heard the rival submission and considered the documents available in the record. The assessee had explained the source of cash before the ld. AO except Rs.9,00,000/-. The appellate Authority wrongly presumed the fact and rejected the appeal of the assessee. Later on the fact is rectified by order of rectification u/s. 256/154 of the Act. The assessee able to explain the source of Rs. 9,00,000/-, so the addition is unwarranted for. We direct the ld. AO to delete the addition of Rs.9,00,000/-.

Sh. Mohinder Singh, Hoshiarpur Asstt Year 2011-12 4. In the result, the appeal of the assessee is allowed.

Order pronounced in the open court on 11 .08.2022