TMI Blog2006 (7) TMI 160X X X X Extracts X X X X X X X X Extracts X X X X ..... findings of the Tribunal are in the nature of findings of fact giving rise to no question of law much less a substantial question of law. The view taken by the Tribunal in the given facts is a possible view. Accordingly, the appeal is dismissed. - HON'BLE ADARSH KUMAR GOEL AND RAJESH BINDAL, JJ For the Appellant : S.K. Mukhi, Adv. For the Respondent : None JUDGMENT 1. This is an appeal filed by the assessee raising the following substantial questions of law, arising out of the order passed by the Income-tax Appellate Tribunal, Amritsar Bench, Amritsar (SMC) (for short the Tribunal ) in I.T.A. No. 448/(ASR)/2000, dated September 13, 2005, for the assessment year 1993-94: (a) Whether, on the facts and circu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1992 5527/- 21-12-1992 4652/- 16-01-1993 12430/- Vide a questionnaire sent to the assessee, he was required to explain the source of the credit entries. During the course of assessment, in spite of a number of opportunities given to the assessee, the assessee failed to discharge the onus laid on him to prima facie prove (i) identity of his creditor (ii) capacity of such creditor, and (iii) genuineness of the transaction. Accordingly, the cash credits found in the savings bank account were treated as unexplained income of the assessee as per section 68 of the Income-tax Act, 1961 (for short the Act ) and the peak amount of Rs. 47,752 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tax (Appeals) that the plea of Smt. Gurdev Kaur having been produced before the Assessing Officer was patently falsified from the fact that in the written submissions dated January 2, 1997, filed just before the assessment on February 28, 1997, the plea raised by the assessee was that the details of foreign remittance as per the bank account will be furnished. Thereafter, there is nothing on record about any further information having been submitted by the assessee. There is not even a mention in the assessment record or even in the statement of facts in the memo of appeal to show that Smt. Gurdev Kaur was ever produced before the Assessing Officer. The alleged affidavit dated February 11, 1997, which is stated to have been filed before the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sing Officer during the course of the assessment proceedings. The calculation of peak amount is also incorrect in this case. That more so, some of the gifts were received in the name of Smt. Raman Rani. 6. As is evident from the above explanation, the only plea raised by the assessee was that these gifts were received on the occasion of marriage in the family as shoguns or other happy occasions from the relatives and close family friends residing abroad. The explanation and evidence were furnished only to the extent of three drafts for Rs. 6,000/-, Rs. 12,000/- and Rs. 10,000/- dated March 12, 1992, April 14, 1992 and March 3, 1992 respectively, whereas for the balance five entries, there was no explanation whatsoever. 7. The assesse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the occasion of ensuing marriage of the assessee's daughter was missing in both the affidavits. The assessee having failed to substantiate the genuineness of the transaction and the source of credit, the addition was upheld. Similarly, the plea regarding addition of a sum of Rs. 35,752/- was also rejected. Keeping in view the fact that the marriage of the assessee's daughter took place in June, 1992, and the substantial amount which was stated to be received on the occasion of the marriage was received much later, before the Tribunal the assessee furnished fresh evidence which was not furnished before the authorities below. Considering the totality of circumstances and the facts on record, the addition on that account was upheld by ..... X X X X Extracts X X X X X X X X Extracts X X X X
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