Assessee, an individual and a non-resident, did not file a return of income for the relevant year. Based on information received from the French Government (Base Note) about deposits in an HSBC Bank, Geneva account, assessment was reopened on the belief that income had escaped assessment. During assessment, assessee did not provide original HSBC account statements or a notarised consent waiver. In absence of a satisfactory explanation for the source of deposits, Assessing Officer added Rs. 6.13 crores, being rupee equivalent of peak credit in HSBC Geneva account for relevant year  CIT(A) deleted addition, noting that assessee was a non-resident since 1979, HSBC Geneva account was opened in 1997, and under section 5(2) read with section 9, money held abroad by a non-resident was not taxable in India unless it was received or accrued/arose in India. Tribunal affirmed the order of the CIT(A). On appeal, the Court held that   Revenue was unable to discharge the burden of proof to establish any tax liability strictly within statutory parameters of law. On facts, the addition made on account of peak balance in assessee’s HSBC Geneva account could not be sustained. Order of Tribunal affirmed. (AY. 2006-07)