Dismissing the appeal of the assessee the Court held that burden to explain the source of cash deposit was on the assessee, who as per the finding has not been able to discharge this burden. The evidence on record is undisputed, and the inference and factual findings recorded we would observe are supported by cogent and weighty reasoning. Explanation of the assessee has been duly considered and not ignored. Implausible and lame justification for making cash withdrawals has exposed and dented the concocted explanation regarding source of the cash deposit. Factual findings are based on cumulative effect of all facts covering all essential points. Accordingly the Court would not interfere with factual findings unless they are irrational and absurd, which no person acting judicially and properly instructed in the field of law of taxation would have passed. Appeal was dismissed on merits and delay was also not condoned. (AY. 2011 12)
Shashi Garg v. PCIT (2020) 113 taxmann.com 92 (Delhi) (HC) Editorial : SLP of assessee is dismissed, Shashi Garg v. PCIT (2020) 269 Taxman 26 (SC)
S. 69A : Unexplained money-Huge cash withdrawal-Failure to explain satisfactorily the source of cash deposit-Addition is held to be justified.