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2015 (8) TMI 1550 - AT - Income TaxAddition u/s 68 - unexplained cash deposits in bank - As per the explanation furnished by him, Shri Dalip Singh was an agriculturist, not well educated and had come from village for making purchases for marriage of his daughter and the money was deposited in the bank account, since, the assessee and Shri Dalip Singh both had to make purchases for the marriage of their daughters - HELD THAT:- On perusal of the stated evidences and in the back ground of the fact that Shri Dalip Singh himself has confirmed before the Assessing Officer that he has deposited this amount of Rs.3,55,000/- in assessee’s bank account, this explanation cannot be rejected outrightly. These evidences filed by the assessee also prove that Shri Dalip Singh is a man of means and there is also a relation between him and the assessee, therefore, it cannot be denied that Shri Dalip Singh, in fact, has given this amount to the assessee. The explanation given by the assessee and Sh. Dalip Singh that the amount was deposited for making purchases for the marriage of daughter may sound weird and can raise suspicion in the mind of Assessing Officer. It can be a trigger point for further investigation by the Assessing Officer. However, in its order the Assessing Officer has not been able to bring on record any material or evidence to falsify this explanation and documentary evidences filed by the assessee. Even before me, the learned DR has not been able to do the same. The addition has solely been made on the basis of surmises. Suspicion howsoever strong cannot partake the character of the evidence/material, as held by the Apex Court in the land mark judgement in case of Umcharan Shaw & Bros. vs. CIT [1959 (5) TMI 11 - SUPREME COURT] Thus we are not able to come to a conclusion other than that the deposit has in fact been deposited by Shri Dalip Singh. Therefore, the addition made by the Assessing Officer is hereby deleted. - Decided in favour of assessee.
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