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TMI Blog1983 (12) TMI 106X X X X Extracts X X X X X X X X Extracts X X X X ..... at the deposit was made by Shri Raja Ram Vaishya out of his agricultural income from 20 bighas and 12 bighas of land. In the meanwhile, Shri Raja Ram Vaishya died and an affidavit of Shri Raja Ram s son, Shri Ram Kumar was filed in which the said deposit was confirmed. The statement on oath of Shri Ram Kumar Vaishya s/o Shri Raja Ram Vaishya was recorded by the ITO. The ITO, however, did not accept the explanation of the creditor s son and added back the full amount. On appeal the AAC upheld the addition on the reasoning that Shri Raja Ram Vaishya was not capable of having a savings of the amount as the cultivable land held by him was around 12 bighas only. 3. The assessee is aggrieved and has come up in appeal before us. S/Shri E.M.N. Un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the amount was advanced by the late father from the agricultural income. It is also seen that such advance was made in the preceding year. Since the creditor was capable of advancing such loan and the loan having been admitted and confirmed, we see no reason to treat the same as the income of the assessee firm, The addition in the hands of the assessee is deleted. 5. With regard to the second cash credit of Rs. 13,000 in the name of Shri Murari Lal, it was explained that the said deposit was made by the father of Shri Murari Lal out of his agricultural income from 6 bighas and 19 biswas of land and also of the said deposit and affidavit of Shri Murari Lal was filed by the assessee. In his affidavit Shri Murari Lal stated that his father S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the AAC. 8. It is the contention of the ld. counsel of the assessee before us that when the assessee gave the full details of the creditors the primary responsibility to explain the cash credit has been fulfilled. If the creditor refused to oblige the assessee to appear before the ITO voluntarily, the assessee has got no means to bring the creditor before the ITO. It was for the ITO to issue summons to the creditor in the addresses given and enquire the genuineness of the deposit. It is also possible that Shri Rajendra Prasad deposited the amount from his undisclosed income and could not face the ITO to explain the source of the deposit. In such a situation, it is claimed that the addition made in the hands of the assessee is unjustified ..... X X X X Extracts X X X X X X X X Extracts X X X X
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