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2012 (6) TMI 357 - HC - Income TaxDetermination of unexplained money - search - order of I.T.A.T that search was conducted and cash was found in possession of the assessees – statement of assessee that the amount has been kept with him in safe custody by his father – Held that:- The Tribunal concludes with the presumption that the amount stated in the books of account has not been handed over by the father, but belongs to the assessee, has been withdrawn - the assessee was found in possession of cash, therefore, this is the case where the presumption stands rebutted on the basis of documents, which were produced by the assessee - the presumption cannot be on the basis of the assessee's records only is not correct because the documents that are produced include the books of the father - no question arises for determination and consideration of this appeal.
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