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TMI Blog2017 (7) TMI 366X X X X Extracts X X X X X X X X Extracts X X X X ..... ORDER Badar Durrez Ahmed, CJ (Oral) 1. The present appeal is directed against the order dated 11.05.2012 passed by the Income Tax Appellate Tribunal (ITAT), Amritsar Bench, Amritsar, inter alia, in ITA No. 494(Asr)/2010 and 381 (Asr)/2010 pertaining to the assessment year 2005-06. The former appeal was preferred by the assesse whereas the latter appeal was preferred by the revenue before the In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y to prove otherwise by furnishing documentary evidence to prove the genuineness of agriculture income?" 3. Insofar as the first question is concerned, the matter has to be remitted to the Tribunal for a consideration afresh in terms of our direction given in ITA No. 04/2012 by the very same assesse which we have rendered today itself (that decision pertains to the year 2007-08). 4. Insofar as t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... missioner of Income Tax (Appeals) by virtue of his order dated 28.06.2010 after calling for a remand report directed that the addition made by the Assessing Officer be deleted only after the assessment records of the partners are verified and checked and it is verified that the income has been properly assessed in the hands of the partners. However, the Tribunal while considering this issue observ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essing Officer, the said sum can be charged to income tax as income of the assesse. Once it is determined that a sum which is credited to the account of the assesse is unexplained, then Section 68 gets triggered. It is well settled that under Section 68 of the said Act, once a credit in the books of assesse is found to be unexplained, a presumption is drawn against the assesse that the said credit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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