2010 (9) TMI 163

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..... been filed under Section 260A of the Income Tax Act, 1961 (hereinafter referred to as "Act, 1961") challenging the order dated 9th October, 2009 passed by the Income Tax Appellate Tribunal (for brevity "Tribunal") in ITA No. 01/Del/2009 for the Assessment Year 2005-06. 2. Mr. Sanjeev Sabharwal, learned senior standing counsel for the Revenue submitted that the Tribunal had erred in law in deletin .....

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..... quired, thereafter the Assessing Officer did not insist on their production. Non-filing of bank statement by the share applicant cannot be viewed against the assessee. Bank statement is a document in the possession of the share applicant and not in the possession of the assessee which the assessee can be compelled to produce.If the Assessing Officer desires such evidence from third party, the Asse .....

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