PCIT v. Joginder Singh Chatha (2023)156 taxmann.com 509 / (2024) 336 CIT 232 (P& H) (HC)

S. 68 : Cash credits-Agriculturist-Cash deposit in foreign bank in Geneva-Bank account belonged to his nephew residing in U.K-Deletion of addition is affirmed.[S. 69, 260A]

The Assessing Officer has made addition on the  ground that  the assessee had deposited huge amount in his foreign bank account in Geneva during year, however, he had not filed his return of income and also not explained source of said amount deposited. Assessee contended that said bank account in Geneva was not his and that amount in said account belonged to his nephew who was residing in U.K and he had got his signatures on some papers when he was in India and that assessee was having 10 acres of land and had no other source of income.On appeal the  Tribunal held that   there was no material on record to show that amounts were deposited by assessee as bank account was opened on 25-3-2003 and assessee had not visited Geneva in said year and further his name was struck off from said account in 2004 much prior to his visit in 2006. Further, justifiable explanation was given by assessee that his nephew had got his signatures. On appeal by the Revenue the Court held that assessee being an agriculturist and only having a small holding of land apparently could not be in possession of such huge amounts which were also in foreign currency.Also nothing as such was produced on record that money was transferred in said account from India where assessee was doing his business.On facts, addition made on account of amount deposited in foreign bank account in hands of assessee was unjustified. (AY. 2006-07, 2007-08]