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TMI Blog2019 (2) TMI 1586X X X X Extracts X X X X X X X X Extracts X X X X ..... convenience they are heard together and disposed off by way of this common order. 2. Shri Rajnikant Himmatlal Kampani, the assessee, is an individual and derives income from salary and interest. The Assessing Officer got information that the assessee has accounts with Dena Bank, Malabar Hill Branch, Asmita 204, Walkeshwar, Mumbai- 400006 and that he made certain investments in fixed deposits in this bank. It is also come to the notice of the Assessing Officer that the assessee has a Savings Bank A/c 12032 in this branch. As the assessee had not appeared before the Assessing Officer and explained the sources of funds for the deposits in the accounts, all the deposits in these accounts were added u/s 68 of the Act as unexplained cash credit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... port of his case, like copy of Account Opening Form or copy of Withdrawal slip, which could demonstrate whether the said accounts were not opened by him. He confirmed the addition on the ground that, the burden is on the assessee to prove that the accounts do not belong to him. Aggrieved, the assessee is before us for the following grounds: "1. For that the reopening proceedings are bad in law and are liable to be quashed. 2. For that the ld. CIT(A) erred in confirming the addition of Rs. 1,43,942/- made by the A.O in respect of alleged FDs made in the joint name of the assessee and his wife and alleged interest/balance relating to Savings Bank account no.12032. 3. For that the ld. CIT(A) erred in confirming the addition of Rs. 1,56,9 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d facts should be verified and investigated by the defendants. The plaintiff has no concern or connection with the said fictitious account. 7. That the plaintiff had been unnecessarily drawn into a controversy without having any fault on his part and due to such illegal acts or actions on part of the defendants the plaintiff is being harassed by the other authorities." (ii) In the above Civil Suit, the assessee has prayed for the following relief: (a) A decree for declaration be passed declaring that the plaintiff had never opened any accounts with the defendant bank and the so called accounts that were opened in name of the plaintiff are all forged and fictitious; (b) A decree for permanent injunction may passed restraining the def ..... X X X X Extracts X X X X X X X X Extracts X X X X
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