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2009 (8) TMI 675 - HC - Income TaxIncome Tax Survey - The Assessing Officer disregarded the books of account produced by the assesese during the assessment proceedings under section 143(3) of the Act for the period after April 1, 1997 and other primary records solely on the ground that the assessee had made a confessional statement during the survey proceedings and voluntary payment of tax against the income from undisclosed sources surrendered during the survey proceedings. The primary evidence in the for of purchase bill was rejected on the ground that it was produced at the time of assessment after a considerable period and the retraction was after more than 3.5 months. The parties from whom goods were shown to be purchased and the donor in whose name entries were made in books of account confirmed the entries and verified the transaction, but the Assessing Officer disbelieved them on the ground that the donors were close relative of the assessee and the donation was made in cash. The Commissioner (Appeals) accepted the explanation offered by the assesee and the books of account filed with the return by the assessee as the entries in the books of accounts were supported by the primary evidence. The Commissioner (Appeals) also accepted the explanation that the statement were made by the assessee without understanding the import of the same as he was under stress due to suicidal death of his daughter. The Commissioner (Appeals) also considered the other aspect that the primary evidence produced by the assessee was also reflected in the sale tax return filed by the assessee, which were produced before the appellate authority. Held that - the findings of the fact recorded by the Commissioner (Appeals) and subsequently confirmed by the Tribunal in appeal were concurrent finding of fact and were not perverse. This orders were justified.
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