REGENT COMPUTRONICS PVT. LTD.

COMMISSIONER OF INCOME TAX Appellant

V/S

B P Sherafudin Respondents

Referred Judgements :-

DHAKESHWARI COTTON MILLS LTD V. CIT [REFERRED TO]
ORIENT TRADING CO. LTD. V. CIT [REFERRED TO]
KALE KHAN MOHAMMAD HANIF V. CIT [REFERRED TO]
SAROGI CREDIT CORPORATION V. COMMISSIONER OF INCOME-TAX [REFERRED TO]
CIT V. KANPUR COAL SYNDICATE [REFERRED TO]
CORPN. OF INDIA LTD. V. CIT [REFERRED TO]
CIT V. SARDARI LAL [REFERRED TO]
SUMATI DAYAL V. COMMISSIONER OF INCOME TAX,BANGALORE [REFERRED TO]
CIT V. SMT. P.K. NOORJAHAN. [REFERRED TO]
CIT V. BEST WOOD INDUSTRIES AND SAW MILLS [REFERRED TO]
CIT V. NIRBHERAM DALURAM. [REFERRED TO]
COMMISSIONER OF INCOME TAX BOMBAY CITY BOMBAY VS. SHAPOORJI PALLONJI MISTRY [REFERRED TO]
COMMISSIONER OF INCOME TAX CENTRAL CALCUTTA VS. HARDUTROY MOTILAL CHAMARIA [REFERRED TO]
COMMISSIONER OF INCOME TAX M P BHOPAL VS. NIRBHERAM DALURAM [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. P MOHANAKALA [REFERRED TO]
SONA ELECTRIC CO VS. COMMISSIONER OF INCOME TAX [REFERRED TO]
COMMISSIONER OF INCOME TAX DELHI IV VS. UNION TYRES DELHI [REFERRED TO]

JUDGEMENT

(1.) An assessee did not disclose his income fully, and it led to a reassessment. On a particular plea about the source of income, the assessee pleads in defence that he sold a few bars of gold. He gave the particulars of the putative purchasers, too. A few, though not all, have been examined and found to be untrustworthy. The question is, who has the burden proof on the source of income?

(2.) On appeal, the appellate authority finds a new source of income. Then, the question is, can he, under section 251 of the Act, find a new source of income not dealt with by the assessing officer?

(3.) The Department is the appellant; the assessee is the sole respondent; and the Assessment Year is 1995-96. In this appeal under section 260 A of the Income Tax Act ("the Act"), the Department assails the order, dt. 29-11-2007, of the Income Tax Appellate Tribunal, Cochin Bench, in ITA No. 161/2006.

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COMMISSIONER OF INCOME TAX Vs. B P SHERAFUDIN

Referred Judgements :-

JUDGEMENT

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