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2017 (4) TMI 612 - MADRAS HIGH COURTUndisclosed cash credit - receipt from the close relatives of the Assessee - creditworthiness and source - Held that:- while the Assessee has not been able to discharge what he claims is the initial onus, satisfactorily, the observations made by the authorities below are findings of fact based upon appreciation of evidence. The onus, in this case, according to us, did not shift to the Revenue. The reason being that while, the Assessee was able to identify the source for whatever it was worth, he definitely failed to establish the creditworthiness of his source. We have ourselves examined the explanation given by the Assessee and are satisfied that there is no fundamental error committed by the authorities below in the appreciation of evidence. Each of the relatives identified as source, clearly, lacked the capability of lending funds to the extent attributed to them by the Assessee. While, the Assessee is not expected to establish the means, by which, funds are generated by the source. In other words, look to the "source of the source" - the capability of the source to generate funds is an exercise, which needs to be carried. In the instant case, an exercise in that behalf was, in fact, carried out, which led to the conclusion that each source identified by the Assessee did not have the necessary wherewithal to provide funds to the Assessee. We are persuaded to hold that in this case, additions have not been made based on mere suspicion, surmises and/or conjectures, as alleged by the Assessee. - Decided against assessee.
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