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Smt. Srilekha Banerjee And Others vs Commissioner Of Income-Tax, Bihar And ... on 27 March, 1963

19. We have already clearly observed in the earlier paragraphs that the assessee has not been able to establish with cogent and unimpeachable evidence that the firm was in possession of sufficient cash balance and that the 102 high denomination notes could have come out of the firm's coffers. We have already observed that on 13-1-1978, the firm received in cash Rs. 1 lakh from Darshan Distributors (P.) Ltd. The assessee has not produced any confirmation or certificate from the said party to support its case because as on 1-1-1978, the opening cash balance was only Rs. 25,727. We have examined the entire evidence filed by the assessee, keeping in mind the principles laid down by the Supreme Court in the case of Sreelekha Banerjee (supra) and in the other High Court cases, and we have to come to the one and only conclusion that the high denomination notes were never part of the firm's cash and the assessee has not established this fact at all and thereby confirm the decision of the Commissioner (Appeals).
Supreme Court of India Cites 10 - Cited by 179 - M Hidayatullah - Full Document
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