Sunil Kumar Ahuja vs Assistant Commissioner Of Income ...
2023 Latest Caselaw 3394 Tel

           THE HON'BLE SRI JUSTICE P.SAM KOSHY

                                  AND

THE HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY

                            I.T.T.A.No.135 of 2023

COMMON JUDGMENT:(per Hon'ble Sri Justice P.SAM KOSHY)

      Heard Mr.Kailash Nath P.S.S., learned counsel for the appellant

and perused the material available on record.


2.    The challenge in the present appeal is to the award passed by the

Income Tax Appellate Tribunal, Hyderabad, bench 'A' Hyderabad in

I.T.A.No.155/HYD/2022 for the assessment year 2007-2008, dated

25.04.2023

.

3. The challenge is primary on the ground that the Tribunal below has

upheld the addition made under Section 68 of the Act with regard to cash

deposit, which according to the appellant was in fact a gift received from

his wife for the minor son in custody with the assessee and the gift was in

the form of cash receipt.

4. However, a perusal of the findings given by the assessing officer

which has been confirmed by the Commissioner Appeals and also there

is a concurrent finding by the Tribunal, what is reflected is in the course

of the assessment, the assessing officer had confronted the assessee and

asked to explain the source of the cash deposits alleged to have been

received from his estranged wife with whom he has separated way back

in the year 2001. Upon confrontation, the assessee was not able to

provide any detail, so far as the whereabouts of his estranged wife viz.,

Smt.Ahuja is concerned. Nor was he able to provide any other detail of

the cash receipts, so made by the wife who is separated almost five years

back, except for a letter which was said to have been issued which also

has been duly considered by the Tribunal. The assessing officer also

found that the said cash gift received from his wife towards minor

children, was infact utilized by the assessee for his business activities and

it was proved it through his accounts. Thus, the contention of the assessee

becomes doubtful.

5. Given the said findings of facts by the assessing officer which has

been concurrently upheld by the Commissioner Appeals as also by the

Income Tax Appellate Tribunal, we do not find any substantial material

made available before this Court for admitting the appeal. We do not find

any question of law, much less a substantial question of law, as is

required under Section 260A of the Income Tax Act.

6. In view of the same, we do not find any merits in the appeal and

the appeal is accordingly rejected.

7. Consequently, miscellaneous petitions pending, if any, shall stand

closed.

_________________ P.SAM KOSHY, J

________________________________ LAXMI NARAYANA ALISHETTY, J 30.10.2023 aqs

THE HON'BLE SRI JUSTICE P.SAM KOSHY AND THE HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY

I.T.T.A.No.135 of 2023 (per the Hon'ble Sri Justice P.SAM KOSHY)

30.10. 2023

aqs