1979 (7) TMI 114

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....he appellant is that the said sum of Rs. 11,000 in fact represented two sums of Rs. 6,000 and of Rs. 5,000 received from Shri Arjun Singh and Shri D.P. Dwivedi and that, therefore, the authorities below were not justified in treating the aforesaid sums as assessee's income from undisclosed sources. 2. The assessee is a medical practitioner. Beginning from asst. yr. 1972-73, he started construct....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....gard to the loan of Rs. 6,000 and (ii) stated by Sri Dwivedi that he had gifted Rs. 5,000 to the assessee. Sri Arjun Singh also personally appeared before the ITO and deposed that he owned 60 bighas of land and that it was out of the savings from agriculture derived from the aforesaid land that he had given Rs. 6,000 to the assessee. That his family consisted of self, wife and three children an....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ce also because he found that deponent was not maintaining any Post Office or Bank account, he had not given any gift to the assessee before or after, his land was unirrigated and hardly sufficient to meet his day-to-day expenses and that he could not have sufficient cash balance to pay Rs. 5,000 in one lump sum to the assessee. 4. The assessee's submission that he had past savings of Rs. 2,000....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....charged by him by producing the creditor Shri Arjun Singh and Shri D.P. Dwivedi before the ITO, who in categorical terms have accepted the advance of loan to the assessee to the extent of Rs. 6,000 by Shri Arjun Singh and of giving the gift to the extent of Rs. 5,000 by Shri D.P. Dwivedi. If the Department still disbelieved the explanation it should have placed some further evidence on record to r....