TMI Blog2006 (7) TMI 172X X X X Extracts X X X X X X X X Extracts X X X X ..... e instance of the assessee, the Tribunal has referred the following questions to this court for our opinion: "1. Whether, on facts and in law, the Tribunal was justified in upholding the action under section 147(a) of the Income-tax Act, 1961? 2. Whether, on facts and in law, the Tribunal was right in treating the said cash credits as not genuine and sustaining the addition made of Rs. 66,475? ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the facts of the said case were totally different. In the present case, the Assessing Officer when making a fact finding inquiry, examined some of the creditors and after a thorough cross-examination, he was successful in obtaining the information from the witness that the witness, in fact, had no money with him, he was having certain agricultural lands and from the agricultural operations, he cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s the first question is concerned, learned counsel for the assessee submitted that before issuing a notice under section. 147(a) of the Income-tax Act, the Assessing Officer must be sure of the grounds available to him and he cannot be allowed to make a fishing inquiry. His submission is that simultaneous issue of notice to the firm, so also to the partner, not only would be bad, but, would show t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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