2005 (2) TMI 111 - SCH - Income Tax

Exception covered by the proviso, clause (c) to sub-section (5) of section 43 - onus of proof - Supreme Court dismissed appeal agreeing with the High Court that assessee was entitled to the exception covered by the proviso, clause (c) to sub-section (5) of section 43 of the Income-tax Act. The onus of proof was on the Department to establish that such exception was not applicable and no question of law was required to be referred albeit for reasons other than the reason expressed by the High Court.