9911796707
TMI Blog1979 (7) TMI 115X X X X Extracts X X X X X X X X Extracts X X X X ..... Rs. 11,000 in fact represented two sum of Rs. 6,000 and Rs. 5,000 received from Shri Arjun Singh and Shri D.P. Dwivedi and that therefore, the authorities below were not justified in treating the aforesaid sums as assessee's income from undisclosed sources. 1. The assessee is a medical practitioner. Beginning from asst. yr. 1972-73, he stated constructing a Nursing Home at Dindwari, Banda. Till ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) statement by Shri D.P. Dwivedi that he had gifted Rs. 5,000 to the assessee. Shri Arjun Singh also appeared. personally appeared before the ITO and deposed that he owned 60 bighas of land that it was out of the savings from agriculture derived from the aforesaid land that he had given Rs. 6,000 to the assessee, that his family consisted of self, wife and three children and that the land in quest ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the deponent was not maintaining any Post Office or bank account, he had not given any gift to the assessee before or after, his land was unirregted and hardly sufficient to meet his day-to-day expenses and that he could not have sufficient cash balance to pay Rs. 5,000 in one lump-sum to the assessee. 4. The assessee's submission that he had past savings of Rs. 2,000 was not accepted by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hri Arjun Singh and Shri D.P. Dwivedi before the ITO, who in categorical terms have accepted the advance of loan to the assessee to the extent of Rs. 6,000 (by Shri Arjun Singh) and of giving the gift to the extent of Rs. 5,000 (by Shri D.P. Dwivedi). If the Department still disbelieved the explanation it should have placed some further evidence on record to rebut their evidence. They were not men ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g the nature and source of the investment that he was made in his building. If the Department did not want to believe the version given, they could have placed some evidence on record to show that what Shri Arjun Singh and Shri D.P. Dwivedi had said was not correct. Rejecting their evidence merely on the basis that it was not probable is, in our opinion, not justified for, according to us the payi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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