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2016 (8) TMI 1540 - AT - Income TaxAddition on account of cash deposited by the assessee in her saving bank account maintained with Induslnd Bank - CIT-A deleted the addition - Department contends that since the assessee had not disclosed the purpose of withdrawal of cash from bank and usage thereof, the ld. CIT(A) ought not to have granted her the benefit of such cash withdrawn from the bank, a long period back - HELD THAT:- As per the decision of the Delhi Bench of the Tribunal in the case of ‘Mrs. Deepali Sehgal’, [2014 (9) TMI 1073 - ITAT DELHI], as correctly taken note of and followed by the ld. CIT(A), it is not mandatory under any law that an individual has to keep his/her savings in the bank account only and not as cash in hand. In ‘Shiv Charan Dass vs. CIT’ [1980 (4) TMI 74 - PUNJAB AND HARYANA HIGH COURT], in this regard, it has been held by the Hon’ble jurisdictional High Court that the onus is on the Department to show that the explanation of the assessee should not be accepted.Further, it is trite that nobody can be asked to prove a negative, as was sought to be done by the AO. The department is also wrong in contending that since the assessee is not filing her wealth tax returns regularly, the ld. CIT(A) has erred in accepting that the assessee maintains personal books of account and draws personal balance sheet. Here, it needs to be reiterated that it is the department itself, which has accepted the balance sheets drawn by the assessee in her personal capacity and that for the assessment yea₹ 2007-08 to 2011-12, in the wealth tax cases of the assessee, the wealth tax returns filed by the assessee were based on the personal balance sheets of the assessee and it was the same AO who accepted the cash in hand, which was as per the balance sheet of the assessee, for wealth tax purposes. No material has been brought on record by the Department to contradict the well reasoned findings of fact recorded by the ld. CIT(A). Appeal of the Revenue is dismissed.
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