2008 (7) TMI 986

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....e is regarding the addition of Rs. 6,51,000 made by the Assessing Officer. The addition was made by the Assessing Officer, while treating the agricultural income shown by the assessee on account of sale of trees as "Income from other sources". The order of the Assessing Officer was upheld by the Commissioner of Income-tax (Appeals), Karnal. However, on appeal filed by the assessee, the Tribunal has deleted the said addition while observing as under : "We have considered the rival contentions, carefully gone through the orders of the authorities below and also deliberated on the case laws cited by the learned AR in the context of factual matrix of the case. From the record, we found that the assessee has purchased agricultural land ....

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.... documents and information were furnished to the Assessing Officer, the burden shifts on the revenue to show that documents/information furnished were not true. If after 3-4 years, the purchaser has left the place of his business, the assessee cannot be faulted and if while leaving the changed address has not been made known to the assessee, the assessee cannot be compelled to furnish the changed address. Once the genuineness of the transaction of sale is proved, the consideration of which was received through account payee cheques, the assessee cannot be faulted if the Assessing Officer is unable to find out the bank address of the supplier. It is also not the case where payment was made in cash or through drafts which cannot be prepared b....