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Judgment
This assessee’s appeal for Assessment Year 2010-11 arises against the CIT( A), Ghaziabad’s order dated 30.11.2018 in case No. 36979721200118/333/429, in proceedings u/s 147/143(3) of the Income Tax Act, 1961 (in short “the Act”).
Heard both the p arties at length. Case file perused.
It transpires d uring the course of hearing that the assessee/appellant is aggrieved against both the learned lower authorities re spective findings treating it’s donatio n amo unt of Rs.50,00,000/- received from M/s Society for Welfare of Handicapped Persons, Durgapur; as unexplained cash credits u/s 68 of the Act, in assessme nt order dated 15.12.2017 as upheld in the lower appellate d iscussio n.
That being the case, lear ned counse l veheme ntly argues that the impugne d addition made in both the lower proceedings is no t sustainab le in law since the assessee had received the amount in issue from the donor concer ned through banking channel only whose details had been duly filed during scrutiny. The fact however remains that as per Sumati Dayal vs. CIT (1995) 214 ITR 801 (SC), CIT Vs. Durga Prasad More (1971) 82 IT R 540 and PCIT vs. NRA Iron & Steel Pvt. Ltd. (2019) 412 ITR 161, even if the assessee had filed some docume ntary evidence, the same could not absolve the burden of proving genuineness thereof itself in both the lower proceedings. I thus find merit in the Revenue’s vehement contentio ns supporting the impugned section 68 addition w hich stands up held in very terms.
This assessee’s appeal is dismissed.