AIYUB UMARJI PATEL Vs. INCOME TAX OFFICER

JUDGEMENT

(1.) ASSESSEE has preferred this appeal challenging the judgment of Income Tax Appellate Tribunal dated 31.01.2012. Following questions have been framed for our consideration:

(2.) HAVING heard learned counsel for the appellant, we are of the opinion that the entire issue has been considered at length by the revenue authorities and the Tribunal. It was found that though sizable amount of money was credited in the account of the assessee, he could give no explanation about the source or the creditworthiness of the payee. This was certainly not a case where the revenue was insisting on gathering source of the source from the assessee. In that view of the matter, decision of this Court relied upon by the counsel for the assessee in case of Deputy Commissioner of Income Tax Vs. Rohini Builders reported in : 256 ITR 360 and in case of Murlidhar Lahorimal Vs. Commissioner of Income Tax reported in : [2006] 280 ITR 512 would have no applicability.

(3.) IN the present case, the assessee, when confronted with the sizable credits in his account, merely stated that the sums were received from his brother without giving any further details of either the source or the creditworthiness thereof. Though before us counsel for the revenue contended that the amounts were received for the construction of a hospital before the Revenue Authorities all throughout apparently, the stand of the assessee was that such amount was received as loan from his brother. In the result, tax appeal is dismissed.