ITO, Ward - 12(3), Kolkata vs. M/S. Harshwardhan Gems P. Ltd., Kolkata
In the result, both the appeals of revenue and that of assessee are dismissed
ITA 1337/KOL/2010[2005-06]Status: DisposedITAT Kolkata03 Feb 2016AY 2005-06
Bench: Shri Mahavir Singh, Jm & Shri M. Balaganesh, Am]
For Appellant: Shri S. M. Surana, AdvocateFor Respondent: Shri P. B. Pramanik, JCIT, Sr. DR
Section 133(6)Section 133ASection 143(3)Section 68
…eracity of the repudiation. 17. For a complete understanding of the concept of `burden of proof attention should be drawn to decisions delivered in the context of penalty proceeding under Section 271 of the Income Tax Act.CIT, West Bengal v. Anwar Ali [1970] 76 ITR 697 was decided by the Apex Court holding that, if there is no evidence on record except the explanation of the assessed, which explanation has been found to be false, it still does not follow that the receipt constitutes taxable income. This decision was followed by the Apex Court in Anantharam Veerasinghaiah & Co. v. Commissioner of Income-Tax, A.P.…