1993 (1) TMI 26

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..... ing questions to this court under section 256(1) of the Income-tax Act, 1961 : " (1) Whether, on the facts and in the circumstances of the case, the provisions of section 52(1) or 52(2) have been validly invoked by the Income-tax Officer in the present case ? (2) Whether, on the facts and in the circumstances of the case, short-term capital loss claimed by the assessee could not be disallowed?" .....

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..... the onus in establishing that the conditions of taxability are fulfilled is always on the Revenue. In view of this judgment of the Supreme Court, question No. 1 will have to be answered in the negative, that is, against the Revenue and in favour of the assessee. Question No. 2 will have to be answered in the affirmative, that is, against the Revenue and in favour of the assessee. The reference is .....

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