TMI Blog2022 (8) TMI 356X X X X Extracts X X X X X X X X Extracts X X X X ..... at the entire issue of addition is dependent on the existence and genuineness of the Will of the father of the assessee which was produced by the assessee during the appellate proceedings before CIT(A) but the same was not accepted by the authorities below without conducting any verification or enquiry. To ascertain the genuineness of the Will, AO was required to verify the genuineness of the signatures of the father either from the undisputed record bearing his signature or otherwise by examination of the attesting witnesses or any other relevant material. Hence, in the facts and circumstances of the case, the matter is set aside to the record of the Assessing Officer to re-adjudicate the same after conducting a proper enquiry regarding ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cash deposits in the savings bank account of the assessee, as available in the AIR in possession of the Department, per se does not constitute 'relevant material' for the purpose of formation of belief for escapement of income and in the present case the reason to believe were recorded merely on the basis of cash deposits found in the bank account without independent application of mind by the assessing officer, consequently the reassessment order ought to have been held as null and void. 5. BECAUSE otherwise also there were inherent illegalities in the manner in which the enquiries were conducted by the assessing officer during the course of reassessment proceedings which has rendered the re-assessment order as bad in law and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction 144 r.w.s. 147 whereby the Assessing Officer made an addition of Rs. 16,51,000/- after giving the credit of Rs. 2,50,000/- as sale consideration of agricultural land sold by the assessee detected during the enquiry conducted through the Income Tax Inspector. The assessee challenged the assessment order before the CIT(A) and contended that the income of the assessee for the year under consideration was below the taxable limited therefore, no return of income was filed by the assessee. Further the assessee submitted additional evidence to explain the source of deposit in the shape of a Will executed by his father who died on 16.01.2011 leaving cash of Rs. 17,15,900/-. The assessee claimed that as per the Will dated 22.04.2004, his fathe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es the requirement of attestation of Will by two or more witnesses. Even if one of the attesting witness of Will can prove the Will. Hence, the ld. AR has submitted that in view of the affidavit of the attesting witness to the Will, the same cannot rejected. Further, the CIT(A) has doubted the Will in question and consequently confirmed the addition made by the Assessing Officer which is not justified. 5. On the other hand, the learned DR has submitted that the Assessing Officer conducted an enquiry through Inspector and as per the Inspector s report dated 28.01.2016, the assessee himself revealed the fact that he sold the agriculture land for a consideration of Rs. 19,01,000/- which was deposited in his bank account. He has referred to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y who relies on recital in a deed has to establish the truth of those recitals otherwise, it will be very easy to make self-serving statements in documents either executed or taken by the party and rely on those recitals. Thus, it all depends upon the facts and circumstances of the each case to test the reliability of the evidence. He has relied upon the orders of the authorities below. 7. I have considered the rival submissions as well as relevant material on record. The Assessing Officer has made the addition of Rs. 16,50,000/- on account of cash deposited in the bank account of the assessee of Rs. 19,01,000/- on 18.01.2011 and 19.01.2011. Since, the assessee has not participated in the assessment proceedings nor any explanation or doc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he above explanation is an afterthought as during the assessment proceeding the appelalnt never mentioned about this WILL and had tried to explain the source of cash deposits of Rs. 19,01,000/- from the sale of agricultural land whereas as per the sale deed it is evident that the sale consideration was only Rs. 2,50,000/- which the A.O. accepted. 9. Thus, it is clear that the Assessing Officer as well as the CIT(A) doubted the genuineness of the Will in question without conducting any enquiry or examination of the genuineness. The assessee has produced the affidavit of one of the attesting witness of the Will to prove the Will executed by his father. Therefore, it is manifest from the record that the entire issue of addition is depende ..... X X X X Extracts X X X X X X X X Extracts X X X X
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