2013 (10) TMI 149

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....- PER : K.M. Joseph Appellant has approached this Court being aggrieved by the order of the Appellate Tribunal. 2. This is a case where large credits by way of deposit of gold were found and it was added to the income of the appellant under Section 68 of the Income Tax Act. Originally, the tribunal had held in favour of the appellant. Revenue came before this Court in appeal and this Cour....

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....rtion of the Judgment of this Court in the earlier appeal:      "When the Assessing Officer and the first appellate authority considered the genuineness of each and every case of deposit alleged to have been received by the appellant, it was the duty of the Tribunal to have considered the evidence in a realistic manner and to make reasonable inference and decide the case rea....

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....nd that there was non-compliance of the said direction. In other words, he would contend that this Court had found that if deposits had been received, it would have been included as old stock of gold and tax would have been paid under Section 5A and thereafter the court also proceeded to hold that this could been corroboration of the appellant's case. Thereafter, the court also observed that even ....