https://www.taxtmi.com/caselaws?id=451087 In a recovery proceeding against alleged garnishees, the party asserting a subsisting debt must first prove it by admissible evidence, and that initial burden cannot be shifted to the opposite party unless discharged. Here, the claimed liability arose from loans allegedly advanced years before the relevant notification, while the appellants said the loans had been repaid by cheque and adjustment against supplies. The asserted debt was based mainly on an unproved Income Tax Department communication, with no departmental witness examined. The appellants' inability to produce old records did not cure the evidentiary gap. The recovery orders were therefore not sustainable. en-us Tue, 05 Mar 2024 00:00:00 +0530 Tue, 19 Mar 2024 19:22:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=451087 In a recovery proceeding against alleged garnishees, the party asserting a subsisting debt must first prove it by admissible evidence, and that initial burden cannot be shifted to the opposite party unless discharged. Here, the claimed liability arose from loans allegedly advanced years before the relevant notification, while the appellants said the loans had been repaid by cheque and adjustment against supplies. The asserted debt was based mainly on an unproved Income Tax Department communication, with no departmental witness examined. The appellants' inability to produce old records did not cure the evidentiary gap. The recovery orders were therefore not sustainable. Case-Laws SEBI Tue, 05 Mar 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=451087