Jaya Aggarwal vs Income Tax Officer on 13 March, 2018
It is further submitted that as per Indian tradition and customs, Indian ladies
keep their savings/assets in the form of cash with them for various purposes
not limited to their children marriage, support the family for future
contingency situations etc. They prefer cash savings more safe as compared
to bank balances as they even hide their savings from their husband, children
and other family members. You'rhonour's kind attention is invited towards
decision of Hon'ble Delhi High Court in the case of Jaya Aggarwal Vs. ITO
in ITA no. 315/2005 decided on 13.03.2018 (paper book page no. 46 to 50,
relevant page no. 49 to 50), wherein the Hon'ble High Court deleted the
addition for unexplained cash deposits where the delay in depositing back of
cash, which was withdrawn for an unfruitful purpose, was explained through
an oral evidence. Principle of preponderance of probability as a test is to be
applied and is sufficient to discharge onus. Probability means likelihood of
anything to be true. Probability refers to appearance of truth or likelihood of
being realized which any statement or event bears in light of the present
evidence (Murray's English Dictionary). Evidence can be oral and cannot be
disregarded on this ground. Hence, the ld. A.O. rejection of oral submissions
of the appellant regarding past savings, stridhan, cash withdrawals etc. is not
justified in lieu of theory of preponderance of probability accepted by Hon'ble
Courts.