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Messrs Mehta Parikh & Co vs The Commissioner Of Income-Tax,Bombay on 10 May, 1956

ITA NO.988/JP/2024 SHAMBHU DAYAL VS ITO, WARD 2 (2), KOTA "In arriving at the above decision the High Court referred to the cases of Mehta Parikh & Co. v. Commissioner of Income tax Bombay (1) and Chunilal Ticamchand Coal Co., Ltd. Commissioner of Incometax, Bihar and Onssa (2) in therefore, clear that the Tribunal in arriving at the conclusion it did in the present case indulged in suspicions, conjectures and surmises and acted without any evidence or upon a sies of the facts which could not reasonably be entertained or the facts found were such that no person acting judicially and properly instructed as to the relevant law could have found, or the finding was, in other words, perverse and this Court is entitled to interfere We are therefore of opinion that the High Court was clearly in error in answering the referred question in the affirmative. The proper answer should have been in the negative having regard to all the circumstances of the case which see have adverted to above.''
Supreme Court of India Cites 5 - Cited by 335 - N H Bhagwati - Full Document

Sh. Raghav Kumar, New Delhi vs Dcit, New Delhi on 30 August, 2017

vi. The appellant also submits with regard to Decision of CIT(A) is self explanatory. No the objection of the Ld. CIT(A) in para 8.3.1 counter submission is required. of the order where the Ld. CIT(A) stated that 'the appellant had not provided any reason why he had been withdrawing the money when he already had huge cash in hand" and in para 8.3.2; "the appellant had not furnished any explanation as to why he had deposited money in one account by withdrawing from another". In this regard, the appellant wants to submit that it is not illegal either to withdraw money even after having huge cash or deposit money in one account by withdrawing from another". In this regard, the appellant wants to submit that it is not illegal either to withdraw money even after having huge cash or deposit money in one account by withdrawing from another. As and when the need arises the appellant use to withdraw the amount from the bank or deposit the same in the bank account. Therefore, confirming addition on this ground is purely addition on the basis of suspicion or presumption. We find force in this regard from the judgement of 17 ITA NO.988/JP/2024 SHAMBHU DAYAL VS ITO, WARD 2 (2), KOTA Hon'ble ITAT, Lucknow in the case of DCIT Vs Smt. VeenaAwasthi [ITA No. 215/LKW/2016] dated 30.11.2018 wherein it was held as under:
Income Tax Appellate Tribunal - Delhi Cites 12 - Cited by 9 - Full Document
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