9911796707
TMI Blog2017 (6) TMI 650X X X X Extracts X X X X X X X X Extracts X X X X ..... age gift and birthday gift, assessee would have spent some expenditure on those celebrations but no evidence in this regard has also been filed. Ld. CIT(A) after examining the bank account noted that withdrawals have been made in small amount very frequently. Therefore it could not be considered as redeposit in the bank account of the assessee. The assessee failed to co-relate the withdrawals from the bank account for the purpose of redeposit in the same account. No evidence in support of cash summary has been filed. Therefore whatever contentions have been raised by the assessee before the authorities below to explain cash deposit in the bank account has not been supported by any evidence. - Decided against assessee. X X X X Extracts X X X X X X X X Extracts X X X X ..... g the year assessee had withdrawn cash amounting to ₹ 10,16,968/- from the same bank account and have been used to make the deposit. It was also explained that father of the assessee during the March, 2008 sold some valuables for a sum of ₹ 44 lacs out of which ₹ 50,000/- was deposited by assessee in his bank account in March, 2008. The assessee's marriage took place in the month of February, 2007. A considerable sum of money was received by the assessee from his friends and relatives as gift on the occasion of his marriage. The AO filed the remand report and explained that assessee failed to explain the source of cash deposit in the bank account. The receipt of the gift at the time of marriage and birthday is after though ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5650 3. October-07 47818 4. November-07 482500 5. December-07 25000 6. January-08 74000 7. February-08 25000 TOTAL 984968" It is observed that the explanation offered by the appellant are vague and self-serving. No independent evidences in the form of Wealth tax return or Cash flow chart filed with ITR could be produced by the appellant. Just to show opening cash balance of Rs. 11 lac as on 01.04.2007, the appellant has shown massive gifts of more than Rs. 11 lac in marriage and birthday of the appellant. No evidences in whatsoever are produced in support of marriage gifts and birthday gifts allegedly received by the appellant. Moreover, if at all some customary gifts are received by the appellant at the time o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d any merit in this ground of appeal of assessee. The assessee has given the details of source of the cash which are reproduced in the order of the Ld. CIT(A). However no supporting documents have been filed. The assessee did not produce any independent evidence in support of cash flow statement. No evidence of any amount is received on occasion of marriage and birthday have been filed. Even during the course of arguments, the assessee was not able to produce any evidence to prove that in fact marriage of the assessee had been performed in February, 2007. Anyhow if the claim of assessee may be considered favourably for receipt of marriage gift and birthday gift, assessee would have spent some expenditure on those celebrations but no eviden ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... #39;ble Supreme Court in the case of Gouri Prasad Bagaria vs. CIT (1961) 42 ITR 112 (Supreme Court) in which the Tribunal had believed the assessee words in view of his conduct and past history and the Hon'ble Supreme Court held that the Tribunal having believed the assessee's statement, there was an end of the matter in so far as the fact was concerned. I may note that the conduct of the assessee in the present case was wholly non cooperative before the AO because the assessee despite statutorily notice issued to him calling for various explanation about source of the cash deposit in the bank account failed to respond to the statutorily notices and did not file any explanation or produce any evidence to explain source of the cash depos ..... X X X X Extracts X X X X X X X X Extracts X X X X
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