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2010 (12) TMI 861 - ITAT, AHMEDABADAddition - Cash credit - It is not in dispute that the creditor Shri Maheshbhai Shah obtained two demand drafts of Rs.2 lacs each on 16-06-2004 and 17-06-2004 for giving the same to the assessee - Since the creditor was not assessed to tax and his income was blow taxable limit, therefore, it would support the findings of the authorities below that the creditor was not having source to make cash deposit in his bank account in June, 2004 and was not a man of means and that the transaction in question is not genuine - The Hon'ble Supreme Court in the cases of Durga Prasad More (1971 -TMI - 6269 - SUPREME Court) and Sumati Dayal (1995 -TMI - 5469 - SUPREME Court) held that "the Courts and Tribunal have to judge the evidences before them by applying the test of human probabilities after considering the surrounding circumstances - The assessee has failed to establish the source of the cash deposited in the bank account of the creditor as well as failed to prove genuineness of the transaction in the matte - Decided gainst the assessee
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