TMI Blog1982 (2) TMI 138X X X X Extracts X X X X X X X X Extracts X X X X ..... 000 respectively in the name of Sarvashri Jang Bahadur Sharma and Anand Kumar Bijjan. The credits of Rs. 10,000 and Rs. 5,000 appeared on 19th Dec, 1975 and 17th Oct, 1975. Shri Anand Kumar Bijjan, inspite of the request of the ITO, was not produced before him. Shri Jang Bahadur Sharma appeared and he was examined. It was found that Shri Jang Bahadur Sharma was in employment with G.C.F., Jabalpur, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ition to lend Rs. 10,000 to the assessee. The transaction has been confirmed by Shri Sharma and the identity as well as the capacity of Shri Sharma has duly been proved. The assessee further stated that Shri Anand Kumar Bijjan was an Income-tax assessee and his G.I.R. No. was furnished to the AAC. However, Shri Anand Kumar Bijjan was not produced even before the AAC for examination. The AAC placed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the basis of these papers, the counsel urged that Shri Sharma was drawing a salary of Rs.800 per month and he retired in 1978. His son was employed with the assessee and even after two years Shri Sharma also joined the firm as a partner. Under the above circumstances, the identity as well as the capacity of Shri Sharma was proved. Shri Sharma had appeared and had confirmed the transaction. Therefo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d they had confirmed the transaction. Shri Sharma was an employee, who was drawing a monthly salary of Rs. 800. He subsequently retired in 1978, and after about two years from the date of transaction, he had joined the firm as a partner. The identity as well as the capacity of Shri. Sharma, as urged by the D/R, who placed reliance even in (1980) 126 ITR 615 (Mad), has duly been proved. The transac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... neither produced before the ITO, nor before the AAC. Under the above circumstances, the reliance could not be placed on the assessments, which were completed on the basis of the filing on the returns later on. As the credit in the name of Shri Anand Kumar Bijjan remained unexplained, the AAC was justified in confirming the same. 6. In the result, the appeal is allowed partly. - - TaxTMI - TMI ..... X X X X Extracts X X X X X X X X Extracts X X X X
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