Section 69A of Income Tax Act, 1961— addition u/s 69A— the appeal is regarding the addition of Rs. 8,33,087/- sustained by the ld. CIT(A) U/s 69A of the act on account of cash deposit in the bank account. The assessee is an agriculturist and not filed any return of income. The A.O. has issued a notice U/s 148 of the Act on the basis of the information that the assessee had deposited cash of Rs. 25,64,500/- in the bank account.

Held that—Since the assessee is having agricultural operation for 8 to 10 years and the agricultural income for the year under consideration is Rs. 3,05,200/- then if the savings of the assessee out of his agricultural income per year is taken at Rs. 50,000/- for last 8 to 10 years then a savings of Rs. 5.00 lacs for the 10 years of agricultural income from a land of 34 to 35 bighas is not an abnormal claim of the assessee. Further the A.O. has not disputed the fact that the assessee is not having any other source of income but the agricultural income only, therefore, in the facts and circumstances of the case, the savings for last 8 to 10 years of the assessee cannot be disputed and that too in toto. Hence, the claim of the assessee is allowed and the addition made by the A.O. and sustained by the ld. CIT(A) is deleted.[SHRI AJIT SINGH MEENA, S/O- SH. SARDAR SINGH MEENA VERSUS I.T.O., WARD- DAUSA] [2019] 17 ITCD Online (17) [ITAT JAIPUR]