Case Law Details
Case Name : DCIT Vs Heminder Kumari (ITAT Delhi)
Appeal Number : ITA No. 4210-4213/Del/2013
Date of Judgement/Order : 29/08/2014
Related Assessment Year :
Courts :
All ITAT ITAT Delhi
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CA Prarthana Jalan
Hon’ble Delhi ITAT has in the case of DCIT v/s Heminder Kumari in ITA No. 4210-4213/Del/2013 has held that the information received by the Assessing officer from his investigation Wing, at best, be regarded as a prima-facie material, but could not be construed as conclusive for use against the assessee to fasten any tax liability, because the same was required to be corroborated by credible and independent evidence. The relevant paragraph of the order is as follows:-
“14. Considering the aforesaid factual matrix. In our considered opinion, it does not stand established that the assessee has made the impugned investment. We say so for the reason that the burden to establish the existence of impugned investment was on the Revenue, which, in the present case has not been discharged. Firstly, assessee denied the impugned transaction.
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