TMI Blog2003 (2) TMI 6X X X X Extracts X X X X X X X X Extracts X X X X ..... discharged the burden. The Department has not brought out material or evidence to rebut the same – No substantial question of law is involved in this appeal – Revenue’s appeal is dismissed. - - - - - Dated:- 5-2-2003 - Judge(s) : DIPAK MISRA., A. K. SHRIVASTAVA. JUDGMENT This is an appeal under section 260A of the Income-tax Act, 1961. At the outset we may mention that when this appeal wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ra Laxman Das v. CIT [1983] 140 ITR 151 (All) and Malabar Industrial Co. Ltd. v. CIT [2000] 243 ITR 83 (SC)?" To appreciate the aforesaid questions of law which are urged to be substantial questions of law, we have perused the order passed by the Commissioner of Income-tax (Appeals) as well as that of the Income-tax Appellate Tribunal. The Tribunal in paragraph 10 of the order dwelt upon the fac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on {Addl. CIT v. Hanuman Agarwal [1985] 151 ITR 150 (Patna)). In this regard the Department also has not brought any material to disprove the genuineness of the parties, capacity of the lenders and transactions on the basis of cogent facts on record. The hon'ble Supreme Court in the case of CIT v. Orissa Corporation P. Ltd. [1986] 159 ITR 78: Held, that in this case the respondent had given the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The decisions of the Patna High Court in the case of CIT v. Ram Prasad Ram Bhagat [1987] 163 ITR 202; Addl. CIT v. Bahri Brothers (P.) Ltd. [1985] 154 ITR 244, the Allahabad High Court in the case of Sundar Lal Jain v. CIT [1979] 117 ITR 316; Shankar Industries v. CIT [1978] 114 ITR 689 (Cal) and the Madhya Pradesh High Court in the case of CIT v. Shiv Shakti Timbers [1998] 229 ITR 505; CIT v. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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