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TMI Blog2023 (11) TMI 635X X X X Extracts X X X X X X X X Extracts X X X X ..... f the bank withdrawal entry and explains that he lent this amount to one of his friends and received it in the relevant year. As a matter of fact, I do not find it to be something unusual. In all fairness, at that stage, he offered the same to tax since he was not recollecting the details. I doubt very much whether such an offer would be irrevocable even after the assessee traces out the source of such deposit and the evidence supporting the same. The act of refusing to look into the evidence produced by the assessee, who has never been found to be a tax evader, on the ground that it is an afterthought is nothing but an act of prejudice. Such evidence should have been examined and if any doubt arises on such examination, then the alterna ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Cashier from State Bank of India (SBI) on 31/03/2001. At the time of retirement, assessee got retirement benefit of Rs. 18,00,000/-. He accumulated his savings by giving as hand loans to his friends and relatives. Besides pension from SBI and rents from house property, he is getting interest on his savings from banks and from his friends. During the previous year 2016-17 on receipt of the information with respect to cash deposits of Rs. 18,00,000/- in SB account of Nellore Co-operative Urban Bank Ltd, learned Assessing Officer took up the proceedings. Learned Assessing Officer recorded the statement of the assessee on 27/06/2019 and a sworn statement was recorded. The assessee being retired employee and senior citizen of 73 years, he took t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... this. Further, for want of a formal application under Rule 46A of the Income Tax Rules, 1962 (Rules), learned CIT(A) refused to receive the affidavit of the debtor. According to the learned CIT(A), this version of the assessee cannot be believed. He accordingly confirmed the addition and application of section 115BBE of the Act. 5. Assessee therefore, filed this appeal contending that the findings of the authorities below are contrary to the material available on record and without apprising the submissions made by the assessee in their proper perspective. Learned AR adverted to the bank account statement of the assessee to submit that the entry dated 15/02/2014, evidencing withdrawal of Rs. 5 lakhs support the contention of the assesse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n affidavit of the person who paid the assessee Rs. 4 lakhs on 15/04/2016 filed by the assessee at a belated stage since it is only an afterthought. Learned DR submitted that when the assessee remembered every other detail, it is difficult to believe that he could not recollect the details of only this Rs. 4 lakhs. He, therefore, prayed to dismiss the appeal. 7. I have gone through the record in the light of the submissions made on either side. Facts not in dispute are that the authorities below found five deposits in the joint account of the assessee and his wife on 11/04/2016, 16/04/2016, 22/04/2016, 03/06/2016 and 05/10/2016 of sums of Rs. 3 lakhs, Rs. 4 lakhs, Rs. 3 lakhs, Rs. 3 lakhs and Rs. 5 lakhs respectively. Out of these five s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and some money from their daughter residing in USA. He explained all the deposits to the tune of Rs. 14 lakhs, out of Rs. 18 lakhs and in respect of such Rs. 4 lakhs, he stated that it is out of his personal income, but details could not recollect. 10. In all fairness, at that stage, he offered the same to tax since he was not recollecting the details. I doubt very much whether such an offer would be irrevocable even after the assessee traces out the source of such deposit and the evidence supporting the same. The act of refusing to look into the evidence produced by the assessee, who has never been found to be a tax evader, on the ground that it is an afterthought is nothing but an act of prejudice. Such evidence should have been exami ..... X X X X Extracts X X X X X X X X Extracts X X X X
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