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2010 (7) TMI 778 - DELHI HIGH COURTWhether Tribunal onus was on the assessee to establish the source of receipt shown to have been received as sales proceeds and in upholding its assessment as assessee's income from the undisclosed sources - Assessing Officer took the view that M/s Sandeep Wire Industries is not traceable and a non-existing entity, therefore, no sale was made to the said firm – Held that:- assessee had taken this specific plea, in the alternative i.e. without prejudice to his contention that the sales were actually made and the receipt should not have been received as income from undisclosed sources before the CIT(A) as well as Income Tax Appellate Tribunal, plea was rejected by both these authorities observing that in order to accept this plea further evidence was required to be produced which was in the knowledge of the assessee, assessee was maintaining that it had actually made the sales, Assessing Officer did not deal with the issue from this angle at all and such a reasoning adopted by the CIT(A) and ITAT was based on surmises and imagination, Reference in favour of the assessee and against the Revenue
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