(Per : HONOURABLE MR.JUSTICE V. M. SAHAI) We have heard Mr. M. R. Bhatt, learned Senior Standing Counsel for the appellant - revenue.
ADMIT.
We formulate the following substantial questions of law for the consideration of this Court :-
"[1] Whether the Appellate Tribunal is right in law and on facts in confirming the order passed by the CIT (A) who has restricted the addition on account of unexplained investment to the extent of Rs.8,00,000/- out of Rs.1,21,96,170/- without properly appreciating the facts of the case and the materials brought on record by the Assessing Officer ?
[2] Whether the Appellate Tribunal is right in law and on facts in not appreciating that the statement of Shri Chaturbhai B. Patel recorded on oath during the course of search and the seized materials are an extremely important pieces of evidence; he has categorically admitted that investment of Rs.1,21,96,170/- has been made in purchase of land at Talav in the name of the assessee ?
[3] Whether the Appellate Tribunal is right in law and on facts in not appreciating that no such evidences have been furnished in support of the claim of the assessee that the investment was made out of her agricultural income, the CIT (A) in his order has himself held that such claim is not fully substantiated; the onus lies on the assessee to prove / substantiate her claim ?"
Issue notice to the other side. Paper book be filed within 3 months.
[V.
M. SAHAI, J.] [N.
V. ANJARIA, J.] Savariya Top