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TMI Blog2015 (5) TMI 588X X X X Extracts X X X X X X X X Extracts X X X X ..... ent ORDER S.J. VAZIFDAR, A.C.J. (ORAL) 1. This is an appeal against the order of the Income Tax Appellate Tribunal partly allowing the respondent's appeal against the order of the Commissioner of Income Tax (Appeals) as regards the deletion of an addition of Rs. 8.75 lacs made by the Commissioner of Income Tax in respect of the assessment year 2009-10. 2. The appellant has filed this ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 63 (P&H) and CIT v Prem Chand Jain (1991) 189 ITR 320 (P&H) laying down that sans any evidence of amount utilised elsewhere, department could not reject a good explanation into no explanation? (iii)Whether the ITAT was justified in ignoring its own earlier decision on identical issue without distinguishing the same on facts? (iv)Whether the impugned order of the ITAT is legally sustainable when ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on between the two has been established. It is only stated that they knew each other and that the account was opened as Lakhbir Singh himself did not have PAN number. We will assume that a sum of Rs. 8.75 lacs was found to have been deposited in the Axis Bank account on 21.4.2008. When asked for source of income, the assessee contended that he had another account in the HDFC Bank alongwith his wif ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... joint names of the assessee/appellant and his wife. There is no explanation as to why that amount was deposited in the joint account of Lakhbir Singh. This assumes even greater significance in view of the fact that there is no business relationship even claimed between Lakhbir Singh and appellant/assessee. The appellant claims to have added his name only to accommodate Lakhbir Singh because he di ..... X X X X Extracts X X X X X X X X Extracts X X X X
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