2010 (4) TMI 745

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....following substantial question of law arises from the impugned order of the Income-tax Appellate Tribunal (the Tribunal) dated August 8, 2008 :   "Whether on the facts and in the circumstances of the case the Tribunal was justified in law in restoring the matter to the file of the Assessing Officer without recording any findings as to how the order made by the Commissioner (Appeals) was bad in law ?"   3. With the consent of the learned counsel the appeal is taken up for final hearing and disposal today.   4. The grievance made by the appellant is that considering the findings recorded by the Assessing Officer and the Commissioner (Appeals) the Tribunal has erred in law in shifting the onus on the Revenue when it was....

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.... Assessing Officer have been summarized in paragraph 2.4 of the assessment order. The same reads as under : "It can be seen from the above that the assessee has tried to legitimize the transfer of funds in the garb of gift.   There are no circumstances or a relationship as such which will legitimize such a claim.   There is no close relationship as claimed and the assessee has failed to establish that the gift is out of the wealth of the donor. The onus to produce at least some financial data was on the assessee to prove the capability of the person to give the gift. The same has not been done.   The assessee has not been able to prove the financial capacity of the donors nor any proof of the financial worth was s....