IN THE HIGH COURT OF DELHI AT NEW DELHI 
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  03.12.2010 
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 Present: Ms. Prem Lata Bansal,  Advocate for the Appellant. 
 Mr. O.P.Sapra and Mr. Sandeep Sapra, Advocate for the Respondent. 
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 + ITA No1891/2010 . 
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 The assessee herein is an individual who had filed his return for the 
 Assessment Year 2005-2006 at an income of Rs.1,02.140/-. The Assessing Officer 
 during assessment proceedings, noticed that the assessee had deposited a sum of 
 Rs.35,03,500/- in cash in his bank account. To this, the assessee had given the 
 explanation that these deposits pertained to the partnership firm M/s Jagat 
 Talkies Distributors  in which he was a partner. It was explained that since 
 bank account of M/s Jagat Talkies Distributors was attached by the Department 
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 and for this reason, the assessee had offered his two bank accounts for day-to- 
 day business of the firm. It was also the case of the assessee that these 
 deposits in his bank account pertained to day-to-day business of transaction of 
 the said firm and did not belong to him. In support of this submission, the 
 assessee had given the books of account of the firm and other documents as well. 
 The Assessing Officer was not moved by this explanation and made the addition of 
 Rs.35,03,500/-. 
 The CIT(A) however, was convinced with the submission of the assessee and 
 deleted the said addition.  Before the CIT(A),  the assessee had also  filed 
 income  tax  return  of  M/s Jagat Talkies Distributers wherein all 
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 those receipts were shown.  It became clear therefrom that in these deposits 
 not only belonged to M/s Jagat Talkies Distributors but  the said firm  had 
 reflected the same in the books of accounts as well as Income Tax Returns. 
 Before arriving at this conclusion CIT(A) also gave an opportunity  to Assessing 
 Officer to submit the remand  report. 
 The Income Tax Appellate Tribunal has confirmed this order of CIT(A). 
 It is clear from the above that  the entire matter  is in factual domain. 
 The assessee has been able to satisfactorily explain that the deposits in his 
 books of accounts pertained to M/s Jagat Talkies Distributors.  A finding of 
 fact in this behalf is arrived at  on the basis of  cogent material  produced by 
 the assessee which was gone into by the CIT(A) as well as ITAT. No question of 
 law arises. 
 Dismissed. 
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 A.K. SIKRI, J. 
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 SURESH KAIT, J. 
 DECEMBER 03, 2010 
 hk 
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