2020 (4) TMI 53

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....hown in Kotak Mahendra Bank apart from entries of the year in question is balance on 13-2-2009 or on 31-03-2007. In this regard, assessee has disclosed in his reply dated 08- 12-2009 that entry of the account in Kotak Mahindra Bank and some other entries were rendered wrong in tax assessment year 2007-08 due to computer virus. This statement of the assessee is not admissible that because of virus, the entry of the account of Kotak Mahindra Bank could not be posted in the accounts of the year in question. Whereas the reality is that since the assessee, earlier, did not have any account at all but on having been demanded during the tax assessment proceedings, he prepared all the accounts just in hurry and committed mistake. He has fabricated all the accounts. He is not able to verify the sale-purchase which he has shown in these accounts. It is evident from the aforesaid that the assessee transfers the rupees by misusing the banking channel, and even having been given opportunity again and again, he has been unable to make clear the peak credit of the amount deposited in his bank-account. Therefore, in this tax assessment order, t....

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....plained as to its nature and source by the assessee which in our considered view, assessee has failed to explain in the present case. Both the authorities have been fair enough to tax the peak credits. Ld. Counsel tried to rework the amount of peak credits but we are not impressed with that working and the said working is self serving. We do not find any infirmity in the orders passed below. Therefore, the action of the lower authorities is confirmed and addition sustained by Ld. CIT(A) is also upheld by us". A plain reading of the above clearly reveals that in the fact situation of the case, the learned counsel had tried to rework the amount of peak credits, but the learned Appellate Tribunal was not impressed with that working since it was self serving. As such, in the facts and circumstances of the instant case, the learned Appellate Tribunal cannot be held to have not been legally justified in upholding estimation of peak credit made by the Assessing Officer without rejecting the books of accounts. As such, the order of the learned Appellate Tribunal does not warrant any interference on the basis of the substantial question of law as raised before us and the appeal stands....

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....¤¹à¥ˆ कि कम्प्यूटर में वायरस आने से कर निर्धारण वर्ष 2007-08 में कोटक महेन्द्रा बैंक के खाते की एवं कुछ अन्य प्रविष्टियां गलत हो गयी थी । निर्धारिती का यह कथन स्वीकार करने योग्य नहीं है कि वायरस के कारण कोटक महेन्द्रा बैंक वाले खाते कà¥....

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....°à¤¾à¤‚सफर करता है। और वह बार-बार अवसर दिये जाने पर भी अपने बैंक खातों में जमा राशियों के पीक क्रेडिट को स्पष्ट करने में असमर्थ रहा है। इसलिए उसके द्वारा इस कर निर्धारण आदेश में ऊपर वर्णित बैंक खातों में जमा पीक क्रेडिट रूपये 11,43,443 / - को à....