IN INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH; AMRITSAR. BEFORE SH. A.D. JAIN, JUDICIAL MEMBER AND SH. T.S. KAPOOR, ACCOUNTANT MEMBER ITA No.150(Asr)/2016 Assessment Year:2009-10 PAN: ATLPK8154D Smt. Paramjit Kaur vs. Income Tax Officer, M/s. Nanak Travel Adviser, Ward-4, Moga. G.T.Road, Jagraon. (Appellant) (Respondent) Appellant by: Sh. Sudhir Sehgal Respondent by: Sh. Rahul Dhawan, DR Date of hearing: 06/09/2016 Date of pronouncement: 15/09/2016 ORDER PER T.S. KAPOOR, AM This is appeal filed by assessee against order of ld. CIT(A), Bathinda, dated 30.12.2015 for assessment year 2009-10. 2. assessee has taken seven grounds of appeal. However, crux of grievance of assessee is action of ld. CIT(A) by which he has upheld addition of Rs.22,00,000/-, which was made by AO on account of alleged cash deposits by assessee. 2 ITA No.150(Asr)/2016 Assessment year: 2009-10 3. brief facts, as noted in assessment order are that case of assessee was selected for scrutiny. During assessment proceedings, on basis of information under section 133(6) of Income Tax Act, 1961, AO observed that assessee had deposited cash of Rs.22 lacs in her bank account with HDFC Bank on 06.08.2008. assessee was asked to produce source of deposit of cash and in reply assessee submitted that cash belonged to Sh. Darshan Singh, and withdrawals from this account also belonged to Sh. Darshan Singh, who was Joint Holder of Account. Before AO, assessee filed affidavit of Sh. Darshan Singh, wherein he stated that he had deposited Rs. 22 lacs in savings bank account of Smt. Paramjit Kaur, assessee, with whom he was having joint account. AO deputed his Inspector to verify contents of affidavit of Sh. Darshan Singh. During recording of statement, said Sh. Darshan Singh admitted to have deposited Rs.22 lacs in joint account with assessee and he stated that he had sold land for Rs.12,86,000/- on 05.08.2008 out of which Rs.12,81,000/- was stated to be received by him prior to execution of sale deed. AO, however, was not satisfied with submission of assessee and held that first name in saving bank account was that of assessee and, therefore, it was her obligation to explain deposit of Rs. 22 lacs. AO further held that even if statement of Sh. Darshan Singh was considered even then 3 ITA No.150(Asr)/2016 Assessment year: 2009-10 sale of agricultural land was for Rs.12.81 lacs and rest of deposits were not explainable. In view of above, AO, made addition of Rs. 22 lacs. 4. Aggrieved with order of AO, assessee filed appeal before ld. CIT(A), who also confirmed addition made by AO. 5. Aggrieved assessee is now in appeal before this Bench. 6. At outset, ld. counsel for assessee invited our attention to PB-1, where copy of affidavit signed by Sh. Darshan Singh was placed and wherein he had admitted that Rs.22 lacs belonged to him, which he had got after selling his land. ld. counsel also took us to PB-3, where copy of PAN Card of Sh. Darshan Singh was placed. ld. counsel submitted that when Sh. Darshan Singh had admitted that money belonged to him and Inspector of AO had also recorded statement of Sh. Darshan Singh, wherein he had again admitted that said amount belonged to him, there was no justification on part of Assessing Officer to make addition in hands of assessee. 6.1. ld. counsel for assessee also drew our attention to copy of sale deed of land, dated 05.08.2008, placed at PB-10, from sale of which Sh. Darshan Singh had deposited cash. 4 ITA No.150(Asr)/2016 Assessment year: 2009-10 7. ld. DR, on other hand, heavily placed reliance on orders of Authorities below. 8. We have heard rival contentions and have carefully gone through material available on record. We find that Sh. Darshan Singh through his affidavit had accepted that amount deposited in joint account with Mrs. Paramjit Kaur, assessee, belonged to him and further in his statement recorded by Inspector of AO, he had again accepted that money belonged to him. source of such deposit of money was also backed by copy of sale deed of agricultural land, which was sold by Sh. Darshan Singh on 05.08.2008. copy of such sale deed is placed at PB 11-12. During recording of statement of Sh. Darshan Singh, Sh. Darshan Singh explained that remaining amount of Rs.9.19 lacs was out of his past savings and out of his sale of agricultural produce. AO had stated that Sh. Darshan Singh was not holding any evidence in support of his contention of past savings and sale of agricultural produce and he, therefore, rejected theory of assessee that money belonged to Sh. Darshan Singh. However, we find that in answer to last question, Sh. Darshan Singh stated that he was not having any proof/evidence but further stated that it can be produced later on. AO has conveniently ignored later part of statement and held that Sh. Darshan Singh was not having any evidence, for sale of produce & past savings 5 ITA No.150(Asr)/2016 Assessment year: 2009-10 8. In view of above facts and circumstances of case, we hold that addition in hands of assessee, is not at all warranted and same is deleted. Thus, we allow appeal filed by assessee. 9. In result, appeal of assessee is allowed. Order pronounced in open court on 15/09/ 2016. Sd/- Sd/- (A.D. JAIN) (T.S. KAPOOR) JUDICIAL MEMBER ACCOUNTANT MEMBER /SKR/ Dated: 15/09/2016 Copy of order forwarded to: 1. Assessee:Smt. Paramjit Kaur, Jagraon. 2. ITO Ward-4, Moga. 3. CIT(A), Bathinda. 4. CIT, Bathinda. 5. SR DR, ITAT, Amritsar. True copy By order Income Tax Appellate Tribunal, Amritsar Bench: Amritsar. Paramjit Kaur v. Income-tax Officer, Ward-4, Moga