No addition under section 69 without disproving said evidences

IT : Where assessee explained source of bank deposit as sale proceed of agricultural land and produced copies of sale/purchase agreements, no addition under section 69 without disproving said evidences
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[2014] 51 taxmann.com 537 (Jodhpur - Trib.)
IN THE ITAT JODHPUR BENCH
Income-tax Officer
v.
Satish Kumar*
HARI OM MARATHA, JUDICIAL MEMBER
AND N.K. SAINI, ACCOUNTANT MEMBER
IT APPEAL NO. 357 (JODH.) OF 2013
CO. NO. 39 (JODH) OF 2013
[ASSESSMENT YEAR 2009-10]
APRIL  30, 2014
Section 69 of the Income-tax Act, 1961 - Unexplained money (Bank deposit) - Assessment year 2009-10 - Whether when any addition is proposed under provisions of section 69, it becomes bounden duty of Assessing Officer himself to prove that explanation of assessee is not correct - Held, yes - Assessee had made certain deposit in bank account - Before Assessing Officer, he explained that said amount was mainly out of sale proceeds of an agricultural land - He also produced agreements for purchase and sale of said land - However, Assessing Officer doubted said agreements noticing certain defects therein and added entire amount of bank deposit under section 69 - Whether agreements could not be treated as fabricated without there being any contrary evidence to wit and, therefore, addition was not justified - Held, yes [Para 6][In favour of assessee]