TaxTMI 
TaxTMI 
2010 (8) TMI 119
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.... A. No. 109/CHANDI/2008 for the assessment year 2004- 05, proposing to raise the following substantial questions of law : "(i) Whether on the facts and in the circumstances, evidence on record and established principles of law the Income-tax Appellate Tri- bunal was justified in confirming the orders of the authorities below in finalizing the assessment under section 144 of the Income-tax Act, 1961 without conforming to the proviso to section 144(1) of the Income-tax Act, 1961 ? (ii) Whether on the facts and circumstances, evidence on record and established principles of law the Income-tax Appellate Tribunal was justified in confirming the orders of the authorities below in treating the deposits in banks as income from u....
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....as justified in confirming the orders of the authorities below in treating the deposits in banks to the extent of Rs. 3,10,000 as income from unknown sources as explained being out of earlier withdrawals from the bank, earlier years agricultural income and past savings, etc. ?" 2. The facts necessary for adjudication of the present appeal may be noticed. The assessee is engaged in agricultural operations which was exempted from tax. Upon notice dated November 30, 2005, issued by the Assessing Officer, the assessee filed his return declaring an income of Rs. 2,20,000 from agriculture and taxable income as nil. The Assessing Officer made additions of Rs. 9,30,500 and Rs. 15,10,000 on account of various deposits in the bank accounts ....
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....sited in the bank account of the son of the assessee, we are inclined to uphold the action of the Assessing Officer. Admittedly, there is no evidence brought on record by the assessee to substantiate that his son was having any independent source of income. There is also no evidence to support the plea that his son was doing activities of personal skill. Leave alone producing of any evidence, there is no identification also of the source of income in the hands of the son. We, therefore, find no justification to interfere with the conclusions drawn by the lower authorities on this issue. Hence, the addition of Rs. 9,30,500 made by the Assessing Officer is hereby affirmed." 6. The Tribunal also upheld the addition of Rs. 8,00,000 wh....
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..... The discussion made by the Assessing Officer in the assessment order leaves no doubt that Shri Ruldu Singh was not a man of means to have gifted a sum of Rs. 8,00,000 to the assessee. The onus in this regard, which was cast on the assessee, has not been discharged. As a result, the addition made by the Assessing Officer on this aspect is hereby sustained. The assessee fails on this aspect is hereby sustained. The assessee fails on this ground." 7. The issue relating to addition of Rs. 3,10,000 which was on account of cash deposited in the bank account on October 15, 2003, was referred back to the Assessing Officer for fresh adjudication by the Tribunal with the following observations : "In this connection, we find that....