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2019 (9) TMI 1202 - ITAT CHANDIGARHAddition on account for cash deposits in Bank account - deposits from a close friend of assessee's father who is no longer alive - only evidence which the assessee could rely upon was the Affidavit of the sole surviving child of deceased - HELD THAT:- Tax authorities have made the addition and sustained the addition on the grounds that the consistent submission that Shri Jarnail Singh verbally asked the assessee to invest is a fact supported only by the assessee and not corroborated by Shri Jarnail Singh. The fact that Shri Jarnail Singh who had been suffering from liver cancer etc. was no longer alive, stands ignored. The sole surviving child does not plead ignorance on facts and infact corroborates the assessee's version by an affidavit dated 21.08.2015. The said Affidavit is not even attempted to be upset by the Revenue. For reasons best known to the tax authorities, it has been left unaddressed. Onus placed upon by the assessee to explain the deposits in his bank account stands satisfactorily discharged. The orders of the AO ignoring the evidences on whims cannot be upheld. The insistence of the tax authorities without upsetting the evidences available on record cannot be accepted. In the facts of the present case without any effort on the part of the Revenue to assail the contents of the affidavits, prayer for remand back to the AO has no meaning. Accepting the explanation of the assessee the addition for the reasons set out hereinabove in detail is directed to be deleted. - Decided in favour of assessee.
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