2015 (4) TMI 1195

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....dicial Member: The present appeal has been preferred by the assessee against the order dated 20.03.2013 of the Commissioner of Income Tax (Appeals) [(hereinafter referred to as CIT(A)] relevant to assessment year 2009-10. 2. The dispute raised by the assessee in this appeal is relating to the addition of Rs. 51,46,606/- made by the Assessing Officer (hereinafter referred to as the AO) on accoun....

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.... Essar Oil Ltd. as was pointed out in the AIR information. The Ld. CIT(A), however, did not agree with the contention of the assessee and observed that the AIR information is generated from the Income Tax software which is directly linked with PAN number of the concerned assessee. Since there was an AIR information and the assessee could not reconcile the said receipts of interest, he therefore he....

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....ncome. The Revenue has not made any enquires to find out whether the AIR information was correct or not. It has been held time and again by this Tribunal that the additions made solely on the basis of AIR information are not sustainable in the eyes of law. If the assessee denies that it is in receipt of income from a particular source, it is for the AO to prove that the assessee has received incom....