Rule 10 says any fact should be supported by affidavit and Rule 29 says additional evidence can be submitted only when Tribunal consider fit

Last updated: 27 December 2011

Court :
INCOME TAX APPELLATE TRIBUNAL

Brief :
The facts are that the assessee filed his return on 30.07.2007 declaring total income of Rs. 3,81,368/-. The return was processed u/s 143(1) at the returned income. Thereafter, the case was taken up for scrutiny. The assessee has derived salary income, income from house property and income from other sources in this year. The case was taken up for assessment by issuing notice u/s 143(2) on 15.09.2008. This was followed by a questionnaire issued to the assessee on 17.07.2009. In the course of the proceedings, it was found that the assessee showed loan of Rs. 5.00 lakh from Shri Lalit Khanduja. The assessee was required to produce evidence to establish the genuineness of the loan. It was submitted that the loan has been taken from twin-brother, who is living in Canada. A copy of his passport was filed. A copy of bank statement of the lender, maintained with HSBC, was also filed to evidence the source of the loan. However, the AO did not consider these evidences to be sufficient for establishing the loan to be genuine. Therefore, the amount was added to the income of the assessee and the total income was computed at Rs. 8,81,370/-.

Citation :
Pradeep Khanduja C/o O.P. Sapra &Associates, Vs. Ward 3(4),C-783, New Friends Colony New Delhi.PAN: AADPK4359F (Appellant) Vs Income-tax Officer,Ward 3(4),New Delhi