V.SRIKANTH,TRICHY vs. ITO, TRICHY
In the result, the appeal of the assessee is partly allowed for 7
ITA 794/CHNY/2017[2005-06]Status: DisposedITAT Chennai08 Nov 2017AY 2005-06
Bench: Shri N.R.S. Ganesan & Shri Abraham P. George] आयकर अपील सं./I.T.A. No. 794/Mds/2017 "नधा"रण वष" /Assessment Year : 2005-2006. V. Srikanth, Vs. The Income Tax Officer, Prop. Jaiguru Traders, Ward Iv(1) (Conc) 178/1, Madurai Main Road, Tiruchirapalli. Nagamangalam, Tiruchirapalli 620 012. [Pan Aqups 6125M]
For Appellant: Shri. N. Devanathan, AdvFor Respondent: Mrs. S.Vijayaprabha, JCIT
Section 69
…Act was discretionary and hence he could not take a presumption that absence of explanation from the assessee would automatically trigger an addition. Reliance was placed on the judgment of Jurisdictional High Court in the case of Midland Theatres vs. AICT, 350 ITR 676. 5. Per contra, ld. Departmental Representative submitted that grounds raised by the assessee in the appeal primarily sought for telescoping of deposits with withdrawals and this by implication meant that assessee was accepting the credits in the bank account to be his income. Further, as per the ld. Departmental Representative, assessee could…