onus

It would depend upon facts of each case whether all the three ingredients to discharge the onus to prove cash credit have been proved by the assessee or not; if an NRI, engaged in business of real estate development with substantial means, decided to invest in real estate in India, genuineness of same cannot be doubted unless there is any evidence to contrary. Full Article

The burden of proving an understatement or concealment is on the revenue; this burden may be discharged by the revenue by establishing facts and circumstances from which a reasonable inference can be drawn that the assessee has not correctly declared or disclosed the consideration received by him and there is an understatement or concealment of the consideration in respect of the transfer. Full Article

It is the burden of the assessee to show and demonstrate what kind of relationship or what kind of love and affection the donor has with the assessee, and to explain circumstances in which gifts are made. Full Article

Kanbay Software vs. DCIT (ITAT Pune)  In respect of AY 2002-2003, the assessee claimed by a revised return that the loss suffered in respect of one s. 10A unit was not liable to be set-off against the profits of another s. 10A unit. The AO rejected the claim and the assessee accepted the decision of [...] Full Article

Vinod Solanki vs. UOI (Supreme Court) Where during FERA search proceedings the accused-appellant allegedly confessed to violations of the law and later filed an affidavit retracting his confession and the Tribunal and the High Court rejected the retraction on the basis that the onus was on the accused to show that the confession was obtained [...] Full Article

Valuing the closing stock at net realizable value method is duly recognized by AS-2 issued by the ICAI but, the onus is on the assessee to prove that the net realizable value whatever has been shown by him is the correct net realizable value and is less than the cost: the assessee has to satisfy the Assessing Officer by adducing the evidence that the net realizable value is less than the cost. D. Subhashchandra & Co. v. ACIT Full Article