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TMI Blog2015 (10) TMI 255X X X X Extracts X X X X X X X X Extracts X X X X ..... l Kumar JUDGMENT (Delivered by V.Ramasubramanian,J.) This is an appeal filed by the assessee under Section 260-A of the Income Tax Act, 1961, questioning the correctness of the order passed by the Tribunal. 2. Heard Mr.J.Balachander, learned counsel for the appellant and Mr.T.R.Senthil Kumar, learned Standing Counsel for the Department. 3. In a search and seizure action initiated by the Depa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3,00,000.00 Mrs.Sita Kovaithambi Rs.17,82,750.00 6. On the basis of the claim made by the appellant, summons were issued to the so-called creditors. They returned unserved with the endorsement that no such assessee was found. Since no explanation could also be offered as to why the summons could not be served successfully on the creditor, the Assessing Officer passed an order dated 26.8 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aining the action of the Assessing Officer in taking the amount of Rs. 10,00,000/- appearing the name of M/s. Beauty Apparels as undisclosed income? (ii) Whether the Tribunal is right in coming to the conclusion that the said credit entry was not proved even though the confirmation letter from the creditor was placed on record?" 9. There is no dispute about the fact that during the search and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ular source, it is up to the assessee to prove it. In this case, the assessee did not and could not discharge the burden cast upon him. Therefore, the Assessing Officer as well as the Tribunal were right in holding the issue against the appellant insofar as the amount claimed to have been received from Beauty Apparels is concerned. Therefore, both the questions of law are answered against the appe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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