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TMI Blog2015 (4) TMI 553X X X X Extracts X X X X X X X X Extracts X X X X ..... r,J.) This Tax Case (Appeal) is filed by the Revenue as against the order dated 28.07.2006 made in IT(SS) A.No.53/Mds/1998 on the file of the Income Tax Appellate Tribunal Madras 'B' Bench for the block assessment period 1986-87 to 1996-97. 2. The brief facts of the case are as follows: During the search conducted in the group cases of Talent Paper & Board Limited, Coimbatore on 12.2.19 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e case of the assessee also merits consideration favourably. The Department pursued the matter before this Court on the question of law referred supra. 4. Heard learned Standing Counsel appearing for the Department and the learned counsel appearing for the assessee and perused the materials placed before this Court. 5. At the time of hearing, it is pointed out by the learned Standing Counsel app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s not at all been answered by the Income Tax Appellate Tribunal ['ITAT' for short]. The ITAT merely states that the two donors were assessed to tax at Singapore. Being assessed at Singapore, does not answer the query raised by the Department. 5. In this case, the Department has invoked Section 68 of the Income Tax Act, 1961. The burden is on the assessees to show that the amount received ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... case of Commissioner of Income Tax v. P.Mhanakala [2007] 6 SCC 21. 291 ITR 278. 7. Accordingly, the civil appeals filed by the Department are allowed with no order as to costs." 6. We find that the Tribunal in the present case has merely followed the decision in the case of P.R.Ganapathy and allowed the appeal of the respondent/assessee. In the light of the decision of the Supreme Court in the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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