M/S.S.N. Spices, Cherthala vs Assessee on 12 December, 2014
The said
decision by the hon'ble court stands followed and adopted by the
tribunal, as in ITO vs. Shailesh D. Shah (in and Yusuf R. Tanwar vs. ITO
(in I.T. Act No.8408/Mum/2010 dated 28.02.2013). Accordingly, an
omission to pay could give rise to the legal inference of cessation of
liability. True, an amount may continue to outstand in accounts, so that
the assessee is prima facie liable in its respect. However, it is the
veracity or the truth of those very accounts, constituting the assessee's
evidence, that the assessee is required to establish. The matter would,
therefore, have to be decided in light of the conspectus of the facts of
each case.