TMI Blog2020 (12) TMI 1141X X X X Extracts X X X X X X X X Extracts X X X X ..... ration. The assessee was asked to produce these persons for necessary verification and having failed to produce these persons, it cannot be assumed that the AO has accepted the affidavits so filed. Assessee has failed to discharge the initial onus cast on him in terms of satisfying the test of creditworthiness and genuineness of the transactions so claimed by him and unless the initial onus cast on the assessee is discharged, the burden doesn t shift on to Revenue to prove otherwise and mere non-issuance of summons doesn t support the case of the assessee - There is no infirmity in the findings of the ld CIT(A) where the cash deposit has been found not satisfactorily explained and brought to tax in the hands of the assessee as his unexpl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... furnished and therefore, in order to verify the transactions, the assessee was asked to produce these persons for necessary verification and in particular, to verify the creditworthiness of these persons. However, the assessee didn t produce these persons for verification and the AO accordingly held that the assessee has failed to prove the creditworthiness and genuineness of transactions and source of such cash deposit at ₹ 4,50,000/- remained unexplained which was brought to tax in the hands of the assessee. 4. Being aggrieved, the assessee carried the matter in appeal before the ld. CIT(A). The ld. CIT(A) held that the onus lies on assessee to prove the source of cash and even in appellate proceedings, the assessee did not file ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he assessee stated that no details have been filed regarding land holding, khasra Girdawari report and agriculture produce so claimed by these persons and therefore, the creditworthiness of these persons remained unproved. Further, these persons were not produced for verification. It was accordingly submitted that where the initial onus has not been discharged by the assessee, the burden doesn t shift on the Revenue and therefore, mere non-issuance of summons u/s 131 does not entitle the assessee to claim relief. It was accordingly submitted that there is no infirmity in the action of the lower authorities and order so passed by the ld. CIT(A) may be confirmed. 7. We have heard the rival contentions and perused the material available on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... flats. The affidavits so filed therefore don t represent a clear picture of the actual transaction which is claimed by the assessee in absence of necessary corroboration. The assessee was asked to produce these persons for necessary verification and having failed to produce these persons, it cannot be assumed that the AO has accepted the affidavits so filed. We are therefore of the considered view that the assessee has failed to discharge the initial onus cast on him in terms of satisfying the test of creditworthiness and genuineness of the transactions so claimed by him and unless the initial onus cast on the assessee is discharged, the burden doesn t shift on to Revenue to prove otherwise and mere non-issuance of summons doesn t support ..... X X X X Extracts X X X X X X X X Extracts X X X X
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