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TMI Blog2023 (12) TMI 132X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee to produce the said two persons for examination - HELD THAT:- As it evident from the assessment order the AO deputed his Inspector to issue summons u/s. 131 of the Act, but however, the said summons could not be served for want of correct address. Further, before the CIT(A) an affidavit and also copy of receipt containing alleged signatures of the said two persons for filed as additional evidences against which the CIT(A) sought remand report from the AO. As discussed above in the remand report the AO doubted the signatures as verified from kachha receipts as well as signatures on sale deed dated 07-03-2009 - CIT(A) was of the opinion, no steps were taken to produce the said persons at least in the remand proceedings before the AO ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... derives income from commission and agriculture. According to the AO, no return of income filed by the assessee for A.Y. 2007-08, but however, received commission on sale of property to Shri Ramesh Santani and Smt. Mahima Demble. A notice u/s. 148 was issued to the assessee and in response to which the assessee filed return of income declaring a total income of Rs. 2,08,899/- and agricultural income at Rs. 2,27,503/-. Notices u/s. 142(1) and 143(2) of the Act received. During the course of said proceedings, the assessee was asked to produce various details i.e. copy of bank statement, proof of prepaid taxes, proof of deductions, computation of income, balance sheet concerning both the assessment years as on 31-03-2006 and 31-03-2007, respec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ught remand report. We note that the remand report is reproduced from pages 12 to 23 of the impugned order. Considering the said remand report, the CIT(A) confirmed the view of AO in finding the affidavit filed by the assessee is self serving and not supported by any proof, signatures on kachha receipts were not tallied with the signature of sale deed dated 07-03-2009 and failure of the assessee to produce the said two persons for examination. By holding so, the CIT(A) upheld the order of AO which are as under for ready reference : "5.0 Appellant's submissions along with assessment order and records have been considered carefully. The undisputed fact remains that as per sale deed dated 07.03.2009, property has been sold by Shri Yogesh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot found to be correct. The appellant submissions stating that it is the duty of the AO to trace these sellers/consenters are found devoid of merits altogether. Appellant's further submissions that no addition u/s 68 can be made solely on the basis of entries in bank account as they do not represent his books of accounts also carry no force. The primary onus lies on the appellant to prove the nature and source of credits found made in his bank account. The appellant has claimed that out of Rs. 14,00,000/- found credited in his bank account through cheques, sum of Rs. 11,00,000/- been given to the sellers and that too in cash. However, no evidence or confirmation been filed at any stage of the proceedings in support thereof. In fact, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt of Rs. 14,00,000/- vide three cheques out of which he received Rs. 3,00,000/- for year under consideration as commission and remaining Rs. 11,00,000/- paid to the above said sellers i.e. Shri Yogesh Vaidya and Shri Rajesh Vaidya equally through banking channel. The AO, as it is evident from the assessment order, the AO asked the assessed to produce the said two persons for verification and confirmation, but however, the assessee could not produce. According to the assessee that he has offered explanation in respect of deposit as found by the AO in his bank account and the burden lies on the AO to summon the said persons for verification. As it evident from the assessment order the AO deputed his Inspector to issue summons u/s. 131 of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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