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2015 (4) TMI 595 - ITAT MUMBAIAddition made u/s.68 - assessment u/s.153A - Held that:- A perusal of the impugned order reveals that the additions have been made pursuance to assessment proceedings under section 153A of the Act merely on the basis of assumptions and presumptions holding that the assessee had failed to discharge the burden relating to genuineness of gifts. We may point out here that the present proceedings were not the original assessment proceedings under section 143(3) of the Act where the initial burden was upon the assessee to prove the genuineness of the transaction. In the proceedings under section 153A, there must be some incriminating material indicating that the income of the assessee in the original assessment proceedings had escaped assessment. On the basis of that incriminating material, the assessment proceedings can be initiated under section 153A. The initial burden is upon the Revenue under section 153A to prove that there is an incriminating material which shows that the claim made by the assessee in its original return was not correct. Once there does not exist any such incriminating evidence, the additions on the basis of mere suspicion about the genuineness of the transactions cannot be held to be justifiable. Thus the assessment proceedings made under section 153A in this case are held to be bad in law and the same are set aside and the consequential additions made are also accordingly ordered to be deleted.
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