2. The disputed issue involved in the case was examined.

After examination, it was

found that the assessee is a govt. teacher in Govt. Inter College, Kanwaghati, Kotdwar.
There was a Teacher Association in the school for the welfare of the teachers in which the
assessee was also a member. During the year under consideration, the assessee had
deposited amounting to Rs.25,26,390/- in cash in Punjab National Bank in saving account.
During the course of assessment proceedings, the assessee submitted that all the members
of the said association used to contribute per month in the association. Further during the
course of assessment proceedings, vide question No. 7 of the notice issued u/s 142(1) of
the IT Act, dated 05.09.2018, the assessee was requested to produce all of the teachers of
the association for statement recording and further proceedings in the case along with
their identity, PAN, bank statement in support of cash withdrawal etc. Further the assesee
was also requested to furnish the contributors in the followings format.

Sl.No Name and complete PAN Amount Date of Present

postal address of the contributed contribution status of the
contributors Same

2.1 In his reply, the assessee submitted total eight affidavits signed by the teachers of
the association stating that each teacher were members of the so called Teacher
Association and used to contribute per month in the fund of the Association. Per month
accumulation was used to deposit in the account (Ac.No. 2781000100526820) in PNB,
Kishanpur. The amount accumulated in the association was deposited in joint account
saving bank of Punjab National Bank from time to time during year under consideration.

2.2 The one of the affidavits submitted by the assessee is as under-

1
2.3 On perusal of the affidavits, it is seen that these affidavits are silent on the question
of amount of monthly contribution, when the teacher association was created etc. The
assessee even could not submit/furnish any documentary evidences as a proof of the
existence of the Teacher Association. Further the assessee neither produced all the
teachers of the Association for recording statements nor submitted complete address of the
same. Accordingly the burden of proving the identity of the teachers of the Association,
creditworthiness of the teachers, genuineness of the transaction was not discharged by the
assessee satisfactorily. Further the assessee has failed to bring on record any evidence to
establish his claims that source of cash deposits were the monthly contribution of the
Teacher Association.

2.4 Further during the course of assessment proceedings, the assessee submitted that the
bank account is a joint account and the cash deposit may belong to the second account
holder. The objection was disposed off stating that primary account holder is responsible
for any deposit or withdrawal from the account. Moreover the copies of Bank Accounts as
well as counterfoil of the deposit slip were gathered from the bank under section 133(6) of
the IT Act by which the cash were deposited. It was seen that all the deposits were credited
in the name of first account holder i.e. in the name of Sh. Kuldeep Singh Negi. This has been
clearly mentioned in the counterfoil of the deposit slip which was gathered from the
concerned bank u/s 133(6) of the IT Act, 1961. One of the copies of the same counterfoil is
being affixed as under-

2.5 On careful perusal of the counterfoil as affixed above, it is seen that the deposit slip
has been written as well as signed by the assessee, Sh. Kuldeep Singh and the amount has
also been mentioned as credit to Kuldeep Singh. Such counterfoils are 25 in number
gathered from the concerned Bank. Therefore it is beyond doubt that the cash deposit has

2
been made by the assessee himself and he has no proper explanation for the source of this
cash deposit.

2.6 Further statement of one of the teachers and second party in the joint bank account ,
Sh.Mohan Lal Dabral was recorded on 25.12.2018. In his statement, Sh. Mohan Lal Dabral
stated that the Teacher Association in the aforesaid school was created in financial year
2003-04 and there were 25 members in this committee at that time and Rs.1,000/- was
the monthly deposit/contribution by each member of the Association. During the recording
of the statement, list of such teachers were sought by Sh. Mohaln Lal Dabral. He could not
furnish the same and even during the assessment proceedings, the assessee himself did not
provide any register or other documents in support of the existence of such Teacher
Association. If the monthly contribution of the members of the so called Teacher
Association was Rs.1000/- or even Rs.2000/- too, it is not possible that in the joint saving
bank account that in financial year 2012-13, the total accumulation is Rs.30,1,159/-.
Further the opening balance in the account was seen to be at Rs.9999. It seems not to be
justified at all. Thus source of the cash deposit has not been satisfactorily explained by the
assessee. Moreover the assessee has failed to bring on record any evidence to establish his
claims that source of cash deposits were the monthly contribution of the Teacher
Association. Therefore the cash deposits of Rs.25,26,390/- is being treated as unexplained
money under section 69A of the IT Act, 1961 and is being added to the total income of the
assessee . Penalty u/s 271(1) (c) of the Income Tax Act, is being initiated for furnishing of
inaccurate particular thereby concealing the income.