Assessee can not be asked to prove source of source or origin of origin

Allahabad High Court Zafa Ahmad & Co 10-01-2013 ITA 71/2002
relied upon a Division Bench decision of this Court in the case of Anil Rice Mills v. CIT [2006] 282 ITR 236 for the proposition that only the creditworthiness of the depositor has to be established

Held by High Court.................

"8. We have given our thoughtful consideration to the various pleas raised by the learned counsel for the parties. We find that it is not in dispute that the aforesaid two amounts have been deposited by the two partners in their capital account. The partners are income tax payee. They have explained the source as having received gift from various persons, who have also filed their Income Tax Returns and have been assessed accordingly. Merely because, the donors are weavers and they own only one loom would not make any difference. They have filed their Income Tax Returns and have also filed the return under the Gift Tax Act. They have paid the gift tax also. Assessment under the Gift Tax Act has also been made, though the assessments made were summary in nature. In the case of Anil Rice Mills (supra), this Court has held that the assessee can not be asked to prove the source of source or the origin of origin."