TMI Blog1980 (2) TMI 39X X X X Extracts X X X X X X X X Extracts X X X X ..... e-tax Appellate Tribunal, Chandigarh: " Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was right in law in deleting the addition of Rs. 26,386 made by the Income-tax Officer and sustained by the Appellate Assistant Commissioner of Income-tax ? " The total income of the assessee, who is an individual, relating to the assessment year 1957-58, was in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hallenged on the ground that the explanation of the assessee as to its source had been erroneously rejected by the assessing authority. The Tribunal, however, refused to go into the adequacy of the assessee's explanation as to the source of the said amount and ordered its deletion on the ground that there was no presumption in law that the cash appearing in the hands of the assessee during a parti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... money found to have been received by the assessee is on him. If he disputes liability for tax, it is for him to show either that the receipt was not income or that if it was, it was exempt from taxation under the provisions of the Act. In the absence of such proof, the Income-tax Officer is entitled to treat it as taxable income." In view of this authoritative pronouncement by the Supreme Court ..... X X X X Extracts X X X X X X X X Extracts X X X X
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