2017 (8) TMI 728

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....Income Tax For The Respondent : R, R By Adv. Sri. Saji Varghese COMMON JUDGMENT Antony Dominic, J. These Income Tax appeals are filed by the Revenue aggrieved by the order passed by the Income Tax Appellate Tribunal, Cochin Bench allowing I.T.A. Nos. 428 & 429 of 2002 filed by the respondent/assessee concerning the assessment years 1997-98 and 1998-99. In the returns filed by the asses....

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....nce of the judgment of the Apex Court in Godhra Electricity Co.Ltd. v. Commissioner of Income-Tax [225 (1997)ITR 746]. On that basis, the Tribunal allowed the appeals of the assessee. It is this common order that is challenged by the Revenue and the questions of law framed are the following: "1. Whether on the facts and in the circumstances of the case the Tribunal is right in allowing th....

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.... the order on "the agreement" absolutely perverse and unwarranted when the case of the Revenue is one of non existence of the party itself and lack of genuineness? 5. Whether on the facts and in the circumstances of the case:- (i) did the assessee discharge the burden of proof (ii) Are not the approach and order of the ITAT putting the burden of proof on the Revenue and ....

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....annels and F forms under the CST Act were also obtained by them from the Agent. These admitted facts, therefore, shows that the assessee had received only 95% of the gross price and the Revenue has no material before it that the assessee had received anything in excess thereof either directly or otherwise. The principles laid down by the Apex Court in Godhra Electricity's case (supra) clearly ....