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Case Law Details

Case Name : Devendra Kumar Jhanwar Vs ITO (ITAT Jodhpur)
Appeal Number : I.T.A. No.259/Jodh/2019
Date of Judgement/Order : 21/12/2020
Related Assessment Year : 2017-18
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Devendra Kumar Jhanwar Vs ITO (ITAT Jodhpur)

The impugned addition stem from the fact that an amount of Rs.8 Lacs in cash (in old currency notes of denomination of Rs.500 & Rs.1000 as demonetized by government on 08/11/2016) was found from the possession of the assessee on 18/11/2016 at arrival terminal of Maharana Pratap Airport, Udaipur, Rajasthan. Accordingly, warrant of authorization u/s 132A was issued by Pr. Director of Income Tax (Inv.), Jaipur, Rajasthan in the case of the assessee to requisition the said amount of Rs. 8 Lacs. The appraisal report belonging to the assessee was forwarded to Ld. AO and accordingly an assessment was framed u/s 143(3) on 26/12/2018 wherein the said amount was added to the income of the assessee u/s 69A.

Held by ITAT

We find that complete onus to prove the source of cash of Rs.8 Lacs was on the assessee. The assessee attributed the same to past savings as well as interest on loan earned by her mother. In support, affidavit of the mother was also filed. However, as noted by Ld. AO, the assessee miserably failed to support the arguments with documentary evidences. No fresh material has been placed before us that would warrant us to take a different view in the matter. However, keeping in view the fact that the assessee is an individual earning meager income of Rs.3.09 Lacs, we deem it fit to afford another opportunity to the assessee to substantiate his case. Therefore, we are inclined to restore the matter back to the file of Ld.CIT(A) to re-adjudicate the issue after affording another opportunity of hearing to the assessee, who in turn, is directed to substantiate his case.

FULL TEXT OF THE ITAT JUDGEMENT

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