In the result, the appeal of the Department is dismissed
Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyal
54B in as much as that as per assessee taxable capital gain was NIL and without appreciating the facts and circumstances of the appellant. 2. He has erred in law and on facts in upholding addition of Rs. 38,50,000 u/s. 68 and holding that assessee failed to discharge onus to prove cash credit in as much as that