TMI Blog1979 (7) TMI 114X X X X Extracts X X X X X X X X Extracts X X X X ..... 6,000 and of Rs. 5,000 received from Shri Arjun Singh and Shri D.P. Dwivedi and that, therefore, the authorities below were not justified in treating the aforesaid sums as assessee's income from undisclosed sources. 2. The assessee is a medical practitioner. Beginning from asst. yr. 1972-73, he started constructing a Nursing Home at Tindwari, Banda. Till the asst. yr. 1975-76, he admits to hav ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rs. 5,000 to the assessee. Sri Arjun Singh also personally appeared before the ITO and deposed that he owned 60 bighas of land and that it was out of the savings from agriculture derived from the aforesaid land that he had given Rs. 6,000 to the assessee. That his family consisted of self, wife and three children and that the land in question was unirrigated. The ITO did not accept the above depos ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... account, he had not given any gift to the assessee before or after, his land was unirrigated and hardly sufficient to meet his day-to-day expenses and that he could not have sufficient cash balance to pay Rs. 5,000 in one lump sum to the assessee. 4. The assessee's submission that he had past savings of Rs. 2,000 was also not accepted by the ITO, because, according to him, inspite of the fact t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ore the ITO, who in categorical terms have accepted the advance of loan to the assessee to the extent of Rs. 6,000 by Shri Arjun Singh and of giving the gift to the extent of Rs. 5,000 by Shri D.P. Dwivedi. If the Department still disbelieved the explanation it should have placed some further evidence on record to rebut their evidence. They were not men of straw. They had enough land at their disp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vestment that he has made in his building. If the Department did not want to believe the version given, they could have placed some evidence on record to show that what Shri Arjun Singh and Shri D.P. Dwivedi had said was not correct. Rejecting their evidence merely on the basis that it was not probable is, in our opinion, not justified for, according to us the paying capacity of the two persons is ..... X X X X Extracts X X X X X X X X Extracts X X X X
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