2012 (11) TMI 413

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....PRESIDENT: This appeal of the assessee for the A.Y.2008-2009 is directed against the order of the CIT(A). 2. The grounds of appeal of the assessee are as under:   "1. In law and in facts and circumstances of the appellant's case, the ld.CIT(A) has grossly erred in points of law and facts. 2. In law and in facts and circumstances of the appellant's case, the ld.CIT(A) has grossly e....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e submitted that merely because the assessee was not maintaining account books in earlier years is not the ground to hold that the old and existing income-tax assessee of 58 years of age was not having the opening cash balance of Rs.1,40,886/-. The learned DR has opposed the submissions of the learned counsel of the assessee. He submitted that the onus is on the assessee to prove the source of ope....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ears of age and was engaged in the business since past many years and has regularly filed return of income year after year, could not be controverted by the Revenue. These facts have been recorded by the AO in para-6 of the assessment order. Considering the totality of the facts and circumstances of the case, and particularly the fact that the assessee was filing the return of income for last many....