TMI Blog2011 (2) TMI 283X X X X Extracts X X X X X X X X Extracts X X X X ..... UMAR GOEL, MR. JUSTICE AJAY KUMAR MITTAL, JJ. Ms. Urvashi Dhugga, Senior Standing Counsel, for the appellant. Mr. S.K. Mukhi, Advocate and Ms. Jyoti, Advocate for the respondent. AJAY KUMAR MITTAL, J. 1. This appeal has been preferred by the revenue under Section 260A of the Income Tax Act, 1961 (in short the Act ) against the order dated 23.7.2009 passed by the Income Tax Appellate Tribunal, Chandigarh Bench B , Chandigarh in ITA No. 515/Chd/2009, relating to the assessment year 2005-06, claiming the following substantial question of law:- Whether, on the facts and in the circumstances of the case, the Hon'ble ITAT was right in law in deleting the addition of Rs.17,19,000/- made u/s 68 of the I.T. Act, when the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nclusion that the assessee had failed to establish and discharge the onus which was placed on him to show that the deposit made in the account was on account of agricultural income. He has placed reliance upon the following findings recorded by CIT(A):- 3.4 I have given my careful consideration to the assessment order, rival contentions and counter comments thereon of the A.O. After considering the same, I am of the view that it is well settled principle of law that the onus to establish the genuineness and source of cash deposit in this case is upon the assessee. Mere filing of affidavit or copy of ledger account is not enough to discharge the onus. This principle of law is established in the decisions of Punjab and Haryana High Court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . From a perusal of the order of the Tribunal, we find that the Tribunal had proceeded to record the finding deleting the addition of Rs.17,19,000/- on the basis of conjectures that the assessee must have grown on the land and the amount so deposited was from the sale proceeds of produce grown on 100 acres of land without there being any material to substantiate the said claim. The relevant finding recorded by the Tribunal reads thus:- We are of the view that even the income if estimated at the rate of Rs.25,000/- per acre, still it goes to Rs.25 lakhs. If the totality of facts and circumstances are analysed, it can be said that the impugned amount of Rs.17,19,000/- can be grown from 100 acres of land. 9. The finding recorded by t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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