1979 (7) TMI 115

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.... appellant is that the said sum of Rs. 11,000 in fact represented two sum of Rs. 6,000 and 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. 1. The assessee is a medical practitioner. Beginning from asst. yr. 1972-73, he stated constructing a Nu....

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....Shri Arjun Singh with regard to the loan of Rs. 6,000 and (ii) statement by Shri D.P. Dwivedi that he had gifted Rs. 5,000 to the assessee. Shri Arjun Singh also appeared. personally appeared before the ITO and deposed that he owned 60 bighas of land 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 consiste....

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..... The ITO did not accept his evidence also because he found that the 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 unirregted 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....

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....n question had been discharged 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 furt....