RAJESH LADHANI,FAIZABAD vs. DCIT CC , AGRA

In the result, all three appeals of the assessee are allowed

Bench: Shri Laliet Kumar & Dr. Mitha Lal Meenaita No. 106,107 & 108/Agra/2019 Assessment Year: 2008-09 & 2011-12 Vs. Dy. C.I.T. –Central Circle, Rajesh Ladhani, 259, Savera Bhawan, Ram Nagar Colony, Agra. Faizabad. Pan: Abapl5646C (Appellant) (Respondent)

292C of the Act holding that ‘appellant’ has not rebutted the presumption of law failing to take note of the fact that under the facts and circumstances of the case no such presumption is available to the AO and furthermore, if any such presumption is available same being rebuttable, stood rebutted by filing Affidavit followed by cross- examination