Itxa/15/2009 Of The Commissioner Of Income Tax -3 Mumbai v. M/S. Tania Investments Pvt. Ltd., Mumbai

reconsideration. 4. The learned Tribunal in its order, in order to answer the said contention, observed as under. "The learned Assessing Officer having any doubt with regard to capacity of the party to advance loan, no one prevented him to verify the capacity of the creditors". 5. In our opinion, the books of accounts wereavailable to the Assessing Officer. The books ofaccounts itself would indicate the capacity of theparty to advance loan. There was no further need on the part of the assessee to prove the capacity of the creditors. 6. In the instant case, it is not possible to holdthat the reasoning adopted by the Tribunal is devoidof merit and/or unsustainable. In the light of that, there is no merit in the appeal, which is accordingly, dismissed. ( R.S. MOHITE, J.) ( F.I.REBELLO, J.)