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2016 (6) TMI 325 - ITAT PUNEAddition under section 69 of the Act on account of deposits in the bank accounts - Held that:- The assessee has failed to appear before us though several opportunities have been given. In the absence of any explanation filed by the assessee and in the absence of assessee having produced the books of account to substantiate his claim, we find no merit in the stand of assessee in this regard. The onus was upon the assessee to produce his witnesses and establish the sources of amount in two savings bank accounts with HDFC Bank and other documents, which the assessee has failed to do so. - Decided against assessee Addition under section 69 - deposit in the bank account was out of business of his spouse - Held that:- We take note of the claim of assessee that his wife was running a sample collection centre at Tawade Hotel . Undoubtedly, the wife of assessee appeared during the course of assessment proceedings and confirmed that she was running the said business, but when she was asked to substantiate her claim, she failed to do so. The said witness is that of assessee and the onus was upon the assessee to prove the veracity of statement by her. The report which was submitted by the Inspector of Income Tax Department was vis-à-vis fact of collection of samples near Tawade Hotel, where the employee said that it was a collection centre of M/s. Vedant Path lab. In view of the assessee having not discharged his onus, we find no merit in the claim of assessee and addition of ₹ 4,15,411/- is upheld.- Decided against assessee Undisclosed investment - Held that:- The assessee first claimed that it had received ₹ 13 lakhs from his father, which was cash available with him. However, no evidence of the source of cash was produced nor the father was produced for verification. Since the claim was made by the assessee, the onus was upon the assessee to produce his father vis-à-vis investment in the land totaling ₹ 5,93,610/- also. The assessee claimed that it was purchased by his father and was part of HUF. However, the assessee failed to produce and fi le the source of said investment and merely stating that it belongs to the HUF does not absolve the assessee of his duty, where the asset stands in his name. In the absence of assessee having discharged his duty, we find no merit in the claim of assessee and the same is rejected. - Decided against assessee Adhoc disallowance of expenditure - Held that:- Assessing Officer noted that the assessee in his Profit & Loss Account has claimed various expenses, against which it had neither produced books of account nor any bills or vouchers to establish that the claim was for business purpose. Accordingly, a n adhoc disallowance of ₹ 50,000/- was made out of total expenditure claimed by the assessee. The assessee failed to furnish any information before the Assessing Officer or CIT(A) or even before us vis-à-vis expenditure claimed under various heads and in the absence of same, we find no merit in the ground of appeal raised by assessee.
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