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TMI Blog2010 (2) TMI 1172X X X X Extracts X X X X X X X X Extracts X X X X ..... e assessee was asked to produce the following persons:- 1. Shri Goverdhanbhai Kalabhai Patel. ₹ 3,75,000 2. Shri Pramodkumar J. Jajoo ₹ 1,00,000 3. Smt. Rita P. Jajoo ₹ 1,50,000 4. Shri Jhumerlal Jajoo. ₹ 1,50,000 ₹ 7,75,000 2. The A.O. has recorded the statement and after verifying the confirmation letters, copy of Bank account and copies of the return of Income except in the case of Goverdhanbhai K. Patel the following facts emerge in each case. Mr. Goverdhanbhai K. Patel is an agriculturist. From the Bank account it was seen that account was opened on 7.5.2003 and sum of ₹ 4 lakhs were deposited in cash on 25.2.2003 and on 27.5.2003 and ₹ 2 lakhs each were given by account payee che ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the statements of all the persons were recorded. Shri Goverdhanbhai Patel has stated that he was an agriculturist and he was not maintaining books of account. In case of Rituben Jajoo, the A.O. has doubted about the source of deposit. Rituben jajoo is earning the income from sale of dress material. In case of Pramod the cash was deposited and it was from his saving. The learned A.R. submitted that the statement was recorded of all the persons and they have categorically admitted to have advanced from their source of income. The learned A.R. relied upon the decision of Gujart High Court in the case of Dy.CIT vs. Rohini Builders 256 ITR-360. 5. On the other hand, learned D.R. relied upon the order of the Revenue. We have heard the rival con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... We find that the assessee has given this amount by cheque and we are of the view that the assessee has given this amount by cheque. This cheque amount was given by an account payee cheque to the assessee. Similarly, in the case of Rituben Jajoo she has also given this amount in cash in her account and she has also given amount by cheque. Similarly, Pramodkumar Jajoo has also given the amount by cheque and all the depositors had confirmed the same. We find that in case of Dy.CIT vs. Rohini Builders 256 ITR-360 wherein Gujarat High Court has held that the amount received by account payee cheque the initial burden on proving the credit discharge, source of credit need not to be proved the fact of explanation was not satisfactory would not aut ..... X X X X Extracts X X X X X X X X Extracts X X X X
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