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TMI Blog1979 (6) TMI 79X X X X Extracts X X X X X X X X Extracts X X X X ..... , Rs. 5,000, Rs. 8,100 and Rs. 5,000, in the accounts of Smt. Leela, Smt. Ishwaribai, Smt. Rukmanibai and Shri Kishanchand respectively. After hearing the assessee and considering the evidence on record, he was of the opinion that the cash credits were not genuine. Consequently, he added a sum of Rs. 24,100 in the hands of the assessee. The learned AAC agreed with the finding of the learned ITO. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dress of the depositor after the notices under s. 131 of the Act came back unserved. The learned counsel for the assessee stated before us that in case opportunity is given the assessee will produce the lady. After hearing the parties we are satisfied that the assessee may be given one more opportunity to produce Smt. Leela Devi. So the matter is sent back to the learned ITO. The assessee shall pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Shri Nathumal and the peek credit in her account was Rs. 8100, whereas the balance in her account at the end of the previous year relevant to the asst. yrs. 1974-75 was at Rs. 3,000. In the affidavit dt. 22nd Oct., 1973. The learned ITO directed the assessee to produce Smt. Rukmani Bai, but she was not produced. 6. Before us on behalf of the assessee it was contended that the lady had the capac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e shall decide the point afresh in accordance with law. 7. Other point for determination is regarding the cash credit of Rs. 5,000 in the name of Shri Kishanchand. The statement of this creditor were recorded. He clearly stated that the amount in question was deposited by his grant-father in his name. The loan was genuine. Even the discharge pronote was produced before the learned AAC. The autho ..... X X X X Extracts X X X X X X X X Extracts X X X X
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