TMI Blog2015 (4) TMI 1195X X X X Extracts X X X X X X X X Extracts X X X X ..... Essar Oil Ltd. The assessee has specifically denied the receipt of such an interest income. The Revenue has not made any enquires to find out whether the AIR information was correct or not. It has been held time and again by this Tribunal that the additions made solely on the basis of AIR information are not sustainable in the eyes of law. If the assessee denies that it is in receipt of income fr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s CIT(A)] relevant to assessment year 2009-10. 2. The dispute raised by the assessee in this appeal is relating to the addition of ₹ 51,46,606/- made by the Assessing Officer (hereinafter referred to as the AO) on account of interest received from M/s. Essar Oil Ltd. on the basis of AIR information. When the AO asked the assessee to explain in this respect, the assessee submitted that it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on is generated from the Income Tax software which is directly linked with PAN number of the concerned assessee. Since there was an AIR information and the assessee could not reconcile the said receipts of interest, he therefore held that the addition made by the AO was correct. The assessee has, thus, come in appeal before us. 3. The Ld. A.R. of the assessee, before us, has relied upon the ack ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ditions made solely on the basis of AIR information are not sustainable in the eyes of law. If the assessee denies that it is in receipt of income from a particular source, it is for the AO to prove that the assessee has received income as the assessee cannot prove the negative. Reliance can be placed in this respect on the decision of the Tribunal in the case of DCIT vs. Shree G. Selva Kumar in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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