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2018 (7) TMI 1410

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..... s not maintaining any account of agriculture produce and bank account. He further stated that he does not have any gift deed when he gifted the amount to the relatives. So in our considered opinion, appellant has been failed to prove his case as he has not maintaining any bank account nor his relatives and friends are maintaining any bank account either they are labourers or farmers. Therefore, there credit worthiness is in doubt. - Decided against assessee. - I.T.A. No. 861/AHD/2015 - - - Dated:- 2-2-2018 - SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER AND SHRI MAHAVIR PRASAD, JUDICIAL MEMBER For the Appellant: Shri Dipen Sukhadia, A.R. For the Respondent: Shri Prasoon Kabra, Sr. D.R. O R D E R PER: MAHAVIR PRASAD, JUDIC .....

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..... 47 of the I.T. Act assessing the total income of the appellant at ₹ 18,49,305/- vide order dated 27/12/2013. During the course of assessment proceedings the assessing officer asked the appellant to submit the source of said cash Deposit transactions with the bank by notice dated 29/11/2013, but assessee did not appear before the assessing officer and could not submit any document in support of its contention. Therefore, assessing officer made the addition of ₹ 18,49,305/- as unexplained cash credit. 4. Thereafter, assessee preferred first statutory appeal before the ld. CIT(A) and produce additional evidence during the appellant proceedings. Ld. CIT(A) on additional evidence sought remand report from ld. AO and decided the .....

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..... entary evidences. To prove source of such gift no evidences have been produced before the AO either during the assessment proceedings or remand proceedings. It was a claim of the appellant that the source of such gifts were from agriculture income and pass savings of the donors but appellant failed to produce any bank statement to prove that gift was given from past savings. Appellant has been failed to produce either before the authorities below or before us that sale of agriculture produced receipts and bills etc. in support of his contention and not even a single transaction have been entered through bank. A statement of Shri Krashan Naran Kaladiya S/o Shri Naran Kaladiya was recorded by the AO u/s.131 of the I.T. Act at Page No.31 an .....

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