9911796707
TMI Blog2005 (1) TMI 424X X X X Extracts X X X X X X X X Extracts X X X X ..... ome-tax Act, 1961 (hereinafter referred to as "the Act"), for the opinion to this court: "Whether in view of the fact that the additions towards unexplained deposits have been made by treating the transactions as non-genuine and as such by implication the deposits have been treated to have been made by the applicant and in these circumstances on the consideration of the entries of deposits and pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n December 1, 1978. The assessee has not established the genuineness of these two deposits. Now according to the assessee in case there was a withdrawal of Rs. 10,000 in the account of 'A' prior to the deposit of Rs. 10,000 in the account of 'B' then no separate addition should be resorted to on account of unexplained deposit in the account of 'B'. According to the assessee, it should be presumed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mits that the alleged deposit in the account of 'A' was not genuine and, in fact, it was the assessee's own money which had been introduced in the books in the garb of a loan from 'A' and hence when this amount was available to the assessee for being introduced as a fresh deposit in the account of 'B' then it may be possible to accept the contention of the assessee. But in case the assessee all al ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... come from the unexplained source, the applicant was entitled to take up a plea of addition of the aforesaid peak credit as the entire deposits have been treated to be income of the applicant. The contention is wholly misconceived. For adjudicating upon the plea of peak credit the factual foundation has to be laid by the assessee. He has to own all cash credit entries in the books of account and on ..... X X X X Extracts X X X X X X X X Extracts X X X X
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