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1976 (6) TMI 62

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..... for the year 1963-64. 3. The assessee is a Doctor practising at Samastipur. The income for this year was computed by the ITO at Rs. 10,650 which included a sum of Rs. 6,100 as unexplained cash deposits. The deposits totalling Rs. 6,100 were made on 1st June, 1962 (Rs. 2,000), on 29th Aug., 1962 (Rs. 2,100) and on 24th Oct., 1962 (Rs. 2,000). The explanation of the assessee was that this represen .....

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..... se deposits of Rs. 6,100. He levied the penalty of Rs. 6,100 observing that the assessee had not produced any fresh evidence in support of these deposits. The assessee took the matter in appeal before the AAC. Before him the same contentions were submitted as had been urged before the ITO. It was also stated that the AAC had since reduced the income of the assessee for this year by Rs. 3,100. The .....

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..... der s. 271(1)(c) is that the assessee had concealed the particulars of his income or furnished inaccurate particulars of such income. The Department has, therefore, to establish that the receipt of the amount in dispute constituted income of the assessee. If there is no evidence on record except the explanation given by the assessee, which explanation has been found to be false, it does not follow .....

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