2012 (11) TMI 859

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... panies from whom loan had been received by the assessee, AO did not pursue the same and proceeded with the assessment, on the basis of records produced before him and also on the basis of submissions made by the authorised agent of the assessee. The assessment order has been confirmed in appeal - question of law raised in this appeal is not a question of law but is on merits of the case - no justi .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... he case and ignoring the findings of the various courts as discussed in the assessment order. 2. Whether on the facts and circumstances of the case Hon'ble ITAT was legally correct in holding that appearance of authorized agent is enough compliance in the given circumstances and assessee has discharged his onus which is cast upon by the ken of section 68 of the Act." The learned counsel appear .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... thorised agent of the assessee. The assessment order has been confirmed in appeal. Therefore, at this stage, it cannot be said that the assessee did not discharge his obligation in appearing in person to show that amount credited to his account as loan or otherwise. We are, therefore, of the view that question of law raised in this appeal is not a question of law but is on merits of the case. Ac .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X