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2019 (11) TMI 1630 - ITAT AHMEDABADAddition of cash deposit with bank - onus to prove - case of the assessee was selected for scrutiny assessment as per CASS - HELD THAT:- Primary onus to prove genuineness of transaction is on the assessee. Before both the authorities below, the assessee tried to give some fallacious explanations, such as entry appearing in the bank statement was due to error committed by the bank officials; that the bank official suggested to reflect cash deposit and on the same day asked the assessee to issue two cheques worth ₹ 13.00 lakhs and ₹ 12.00 lakhs in order to neutralize the same, without actual physical movement of cash. These are bald statement to hoodwink the Revenue for evading taxes, without any iota of evidence. Even before me also, the assessee could not offer any explanation to justify the source deposits, what to talk of any cogent and convincing piece of evidence. CIT(A) has recorded a finding that the appellant’s contention that he has not deposited the cash loan is contrary to the documents furnished by the bank, which clearly showed that cash ₹ 25 lakhs has been deposited on 09.10.2009 in the assessee’s saving bank account and on the same day, cash of ₹ 12 lakhs and ₹ 13.00 lakhs have been withdrawn vide cheque - Both these copies of the documents furnished by the bank to the Revenue have not been refuted by the assessee - Decided against assessee.
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