Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2004 (8) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2004 (8) TMI 45 - HC - Income TaxAddition on account of unexplained cash – AO cannot be permitted to adopt the pick-and-choose policy and make the addition, ignoring the document which was seized from the possession of the assessee and which clearly reflected the cash in hand. Even the Assessing Officer has not brought on record any iota of evidence which may prove that this amount had already been spent by the assessee by the time the search was conducted at the premises of the assessee. Even no document/books were found at the time of search which may prove the outflow of the said amount available with the assessee - onus was on the Revenue to prove that the cash was not available with the assessee. The Revenue has not discharged its burden of proof in this case. Thus, we hold that the Assessing Officer was not justified in making the impugned addition
|