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Assistant Commissioner Of Income Tax vs Patel Rajeshkumar Kantilal on 3 June, 1998

1 . The Learned Assessing Officer has erred in making addition of Rs.21,96,546/- on account of Unexplained cash credit for Capital Gains on the basis statement of third party and evidence collected by the department without giving opportunity of being heard as well as cross examining the person concerned as per ratio of CIT Vs. Rajeshkumar (2008) 172 Taxman 74 (Del.)
Income Tax Appellate Tribunal - Ahmedabad Cites 14 - Cited by 2 - Full Document

Commissioner Of Income-Tax, West ... vs Durga Prasad More on 26 August, 1971

18. "The assesses has placed strong reliance on the sale transaction which has been routed through Demat account and has been executed through BSE. There is no dispute that the sale consideration was received by the assessee from the sale of shares. What is disputed is that whether they were actually purchased on the purported date as claimed by the assessee. This raises the question whether the apparent can be considered as the real. As laid down by the Hon'ble Supreme Court in the case of CIT Vs Durga Prasad More 82 ITR 540 (2002-TlOL-877-SC-IT), the apparent must be considered as real only it is shown that thers are reasons to believe that the apparent is not the real and that too 'taxing authorities are entitled to look into the surround circumstances to find out the reality and the matter has to be considered by applying the test of human probability.
Supreme Court of India Cites 1 - Cited by 1107 - Full Document
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