9911796707
TMI Blog1996 (2) TMI 105X X X X Extracts X X X X X X X X Extracts X X X X ..... "the Act"), seeking a direction to the Tribunal to state the case and refer the proposed questions of law (as extracted below) arising out of the order passed by the Tribunal on October 16, 1986, in I. T. A. No. 250/(Ind) of 1984 for the assessment year 1980-81 (annexure "C"), for our opinion : " (1) Whether, on the facts and in the circumstances of the case, the Tribunal has not erred in law in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (Appeals) and restoring the order of the Income-tax Officer on the points of addition of Rs. 21,000 for credits of Shri D. K. Lunia, when on the findings of the Tribunal the assessee had discharged the primary burden and the Department had not adduced any evidence to rebut the same ?. (5) Whether, on the facts and in the circumstances of the case, the findings of the Tribunal regarding addition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ication seeking statement of case which was registered as R. A. No. 187/(Ind) of 1986. That application was rejected by the Tribunal on November 21, 1988 (annexure "E"). The applicant, then filed this application under section 256(2) of the Act. We have heard Shri G. M. Chaphekar, learned senior counsel, with Shri Subhash Samvatsar and Shri Sharda for the applicant, and Shri D. D. Vyas, learned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... been disallowed. He also submitted that when the assessee established the genuineness of the entry of Rs. 21,000, then, the burden had shifted to the authorities to prove that the entry was fictitious. Counsel has placed reliance on Orient Trading Co. Ltd. v. CIT [1963] 49 ITR 723 (Bom). Shri Vyas, on the other hand, submitted that the order of the Tribunal is on a firm foundation and there is ..... X X X X Extracts X X X X X X X X Extracts X X X X
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