2008 (2) TMI 884

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....Respondent : Smt. Annamkuty Jose, P. Balachandran and Smt. Preetha S. Nair JUDGMENT C.N. RAMACHANDRAN NAIR, J. - The appeal filed by the revenue is against the order of the Income-tax Appellate Tribunal dismissing a department appeal for the assessment year 1991-92. We have heard Standing Counsel appearing for the appellant-revenue and Senior counsel Sri. P. Balachandran appearing for the....

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....ssioner (Appeals) was not denied by the Assessing Officer. On further appeal, the Tribunal agreed with the first appellate authority and dismissed the appeal. It is against that order this appeal is filed. 3. We are unable to uphold the order of the Tribunal for the simple reason that Tribunal wrongly cast the burden on the department to prove sundry credits shown in the accounts of the assesse....

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....dits are not proved by the assessee, addition can be made by resort to section 69(c) of the Income-tax Act. We are, therefore, unable to uphold the orders of the Commissioner (Appeals) as well as that of the Tribunal confirming it holding that burden is on the Assessing Officer to prove sundry credits as representing income of the assessee. If the assessee does not prove the transactions, the sund....