2019 (5) TMI 30

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....er passed by the learned Commissioner of Income Tax (Appeals) for the Assessment Year 2014-2015. "i) Whether, on the facts and in the circumstances of the case, the Tribunal was right in confirming the addition when the Assessee had discharged its onus of proving the genuineness of the transactions by producing the bank statements of both parties? ii) Whether the order of the Tribunal is based on a perverse finding of fact that the whereabouts of the appellant's brother in law are not known, when the Revenue has neither summoned the brother in law under Section 131 of the Act nor called for any confirmation letter from him? iii) Whether, on the facts and in the circumstances of the case, the Tribunal was right....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....s. 5. A bare perusal of the order of the Commissioner of Income Tax (Appeals) in para 7.4, which is quoted below, would reveal that the Assessee was put to questions about the said Cash Credit in the name of Mr.Bhuma Ramakrishna Reddy, but, the Authorised Representative appearing for the Assessee could not explain the same and answer the said questions and no confirmation letter of the said person was filed before the Commissioner of Income Tax (Appeals). 6. Para 7.4 of the order passed by the Commissioner of Income Tax (Appeals) is quoted below for ready reference:- "7.4. On verification of the ICICI Bank Statement it is noticed that it is not NRI Account. The A.R. was asked to explain -- (i) In which country Mr.Bhu....