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Bhupinder Singh, New Delhi vs Assessee on 14 November, 2011

To substantiate the same the appellant filed an affidavit. When the case was remanded to the Assessing Officer to furnish necessary report after verifying such deposits and 8 ITA no.526/Del./2012 withdrawals, the Assessing Officer simply stated in his report that the appellant merely filed copies of some purchase bills and electricity bills in the name of Smt. Prem Kaur. Apart from this, he has not filed any other evidence despite of giving an opportunity on 11.1.2011 to file details pertaining to the source of cash deposited on various dates or date of cash withdrawals or purpose of cash withdrawals, date and amount of re-deposit of remaining cash and deposit out of cash sales were furnished by the appellant. The Assessing Officer while examining the case relied upon the decision in the case of Smt. Sharda Devi Vyas Vs. Income-tax Officer in ITA No.433/lnd/2009AY-2006-07 where the Indore bench decided that "in terms of provisions of 44AF of the Act, the assessee cannot be asked to produce the books of account, but at the very same time, it is found that huge cash has been deposited in the bank, at least primary evidence of receipt of such amount of cash out of sale proceeds in the trading account is required to be shown."
Income Tax Appellate Tribunal - Delhi Cites 22 - Cited by 0 - Full Document
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