2015 (4) TMI 1054

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....he Respondent : Mr. S. B. Saraf, Adv. The Court :- The subject matter of challenge in the appeal is a judgment and order dated 7th October, 2004 pertaining to block assessment for the period between 1st April, 1989 and 20th January, 2000. The facts and circumstances briefly stated are as follows: During search and seizure conducted on 20th January, 2000 and subsequent thereto it was disco....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....r and Kolkata. After the sale proceeds were paid to the assessee by cheque, the deposits earlier made together with payment of some amount on account of commission were refunded to the middlemen. The aforesaid explanation offered by the assessee was not proved either by any oral or documentary evidence. Books of accounts he had not disclosed as already indicated above. The Assessing Officer in the....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....l by merely observing that the case had been considered in its totality without indicating the background for its consideration is correct and/or perverse?" From the facts and circumstances narrated above the undisputed fact which emerges is that the assessee paid a sum of Rs. 9 lacs or a little more than that in cash and received identical amount in cheque. These two facts are not in dispute a....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... be discharged for the purpose of ensuring that income made by the assessee does not go unassessed. It is no part of the duty of the Assessing Officer to make investigation for the purpose of collecting evidence in support of the case made out by the assessee. It is the bounden duty of the assessee to prove his case. If he has adduced prima facie evidence in support of his case, it will be for the....