Burden of proof lies on person claiming benefit without documentary evidence

Vijay Dinkar Jadhav (HUF) Vs ACIT (ITAT Pune) Conclusion: The claim of assessee of receipt of Rs.41,20,000/- on account of proposed sale of Shop was not genuine as genuineness of a transaction was one of the most important, foundational and critical factors in determining whether explanation given by assessee was acceptable or not, and this genuineness was to be examined in the light of ground realities. When there was no clear documentary evidence to prove the identity of the assessee the burden of proof lies on him claiming the benefit of being the assessee. Held: In the instant case, there ...