TMI Blog1982 (3) TMI 280X X X X Extracts X X X X X X X X Extracts X X X X ..... tered firm carrying on business of grains, kirana, oil and so on. During the course of the assessment proceedings in respect of the aforesaid assessment year, the ITO, while scrutinising the books of accounts, noticed certain cash credits in various accounts. The assessee was asked to prove the genuineness of the cash credit entries. The assessee stated that it was not in a position to produce the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssee was asked to explain the above credits, which were made in favour of named parties with adequate evidence and to produce the persons concerned for cross-examination, the assessee expressed its inability to produce the persons and prove the credits. On this, the ITO took the view that the assessee had failed to discharge the burden of proof and brought to tax amount of ₹ 10,590 as the in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Act for the asst. yr. 1968-60 was not sustainable ? 2. The submission of Mr. Sajnani, the ld. counsel for the Revenue, is that the assessee had in fact, admitted the concealment of income and hence it was not necessary for the Revenue to prove the same. It was submitted by him that, in view of this, the burden was on the assessee to show that there was no concealment and the conclusio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e its creditors to give evidence. The aforesaid stand by the assessee can, in our view, never be considered as an admission by the assessee that it has concealed any income. As far as the decision in Western Automobiles (India) (supra) is concerned, facts of that case are altogether different from the facts of the case before us. In that case, when the ITO discovered in the account book of the ass ..... X X X X Extracts X X X X X X X X Extracts X X X X
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