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Issues: Whether the addition on account of cash deposits in the assessee's bank account could be sustained without proper verification of the genuineness of the Will relied upon to explain the source of funds.
Analysis: The addition depended entirely on whether the Will produced by the assessee was genuine. The record showed that the authorities below doubted the Will and rejected the explanation without carrying out a proper enquiry into its authenticity. The genuineness of the document required verification of the father's signatures from reliable records or examination of the attesting witness and other relevant material. In the absence of such verification, the factual basis for sustaining the addition was incomplete.
Conclusion: The addition could not be finally upheld on the existing record and the matter had to be restored to the Assessing Officer for fresh adjudication after proper enquiry. The issue was therefore answered in favour of the assessee for the limited purpose of remand.
Final Conclusion: The controversy concerning the source of cash deposits was set aside for fresh consideration, with opportunity to the assessee to establish the genuineness of the Will before a new order is passed.
Ratio Decidendi: Where the explanation for a cash deposit turns on the genuineness of a testamentary document, rejection of that explanation without proper verification of the document's authenticity is unsustainable and warrants remand for fresh enquiry.
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