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TMI Blog2013 (11) TMI 526X X X X Extracts X X X X X X X X Extracts X X X X ..... s granted time upto 27/12/2007, on which date he had given a letter dated 26.12.2007 making a declaration stating that his brother Mr.Thomas K.George had received amounts from his sister in Italy through Western Union Money Transfer which was credited to the Post Office Savings Bank Account of Sri Thomas Geroge and Raji Thomas. The amounts that were received by them from his sister in 2003-04 were used as temporary fund adjustments which got routed in his Savings Bank Account. Assessee did not furnish any proof regarding his claim other than producing a copy of the Post Office Savings Bank Accounts pass book - The assessing Officer found that there was no proof to substantiate such contention. When the amounts in the Savings Bank account ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and debits in the account. Though the assessee took up a contention that the amount deposited in the Savings Bank Account is the money received from his sister, the assessing officer formed an opinion that the assessee was not able to prove that the amount came through fund transfer from Italy and it was credited to the Post Office Savings Bank Account of his brother. The assessing officer found that the assessee failed to prove the onus of the transaction and having relied upon the judgment of the Supreme Court in Commissioner of Income Tax v. P.Mohnakala (291 ITR 278(SC) held that the explanation offered by the assessee about the nature and source of sums found in the credit is not satisfactory and prima facie evidence was available again ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... we think that such a question of law does not arise for consideration. The assessing officer came to the conclusion that the petitioner was not in a position to explain the credit. It is not in dispute that an amount of Rs.22,51,000/- was seen as deposit in the Savings Bank Account of the appellant. He was under obligation to satisfy the receipt of the amounts. The assessing officer found that the appellant was not in a position to produce any proof for the funds that he had received from Italy. No cash flow statement was filed. In a letter dated 14.12.2007, as reply to the request of the department, the assesseee had only reiterated the earlier deposit stating that the funds were withdrawn from the Savings Bank Account to advance to his br ..... X X X X Extracts X X X X X X X X Extracts X X X X
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