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2016 (6) TMI 943 - HC - Income TaxUnexplained investments on account of demand drafts allegedly purchased by the appellant in cash - Held that:- Perusing the statement of Hasmukhbhai Shah dated 19.08.2003 before CIT(A) and as per questions no. 19 and 21 the revenue has not been able to prove that the demand drafts purchased in cash belong to the assessee. Even if the onus in respect of the two DDs amounting to ₹ 1,61,527/- is discharged in assessment year 1993-94 in absence of any evidence for the remaining DDs added in assessment year 1993-94 and all other DDs added in other years there is absolutely no manner of justification. The CIT(A) erred in casting negative onus on the assessee when it observed that the the onus is on assessee to submit the necessary details and evidence that those DDs were not purchased by the assessee. Thus, the department has not been successful in proving that the DDs were purchased by the assessee. In that view of the matter, the questions raised in the present appeals are required to be answered in favour of the assessee
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