TMI Blog2007 (3) TMI 226X X X X Extracts X X X X X X X X Extracts X X X X ..... to cross-examine her and even from the statement, no conclusion can be drawn that the entries made on the relevant page belong to the assessee and represent his undisclosed income. It is also an admitted fact that the statement of the assessee was not recorded at any stage during the assessment proceedings. The only conclusion which can be drawn about the nature and contents of the document is that it is a dumb document and on the basis of the entry of notings or figure etc. in this document, it cannot be concluded that this represents the undisclosed income of the assessee. No fault can be found with the view taken by the Tribunal. Thus, the order of the Tribunal does not give rise to a question of law, much less a substantial questi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xplanation given by the assessee that the account belongs to his daughter Smt. Sarla Gupta was denied by her. The Assessing Officer concluded in his assessment order that the assessee had earned income from undisclosed sources which was circulated by way of loan for the purpose of earning interest. Thus, the amount of Rs. 22.5 lakhs and interest of Rs. 3.5 lakhs were added to the income of the assessee for the assessment year 1998-99. 4. The assessee being aggrieved against the assessment order, preferred an appeal before the Commissioner of Income-tax (Appeals) which was allowed. 5. The Revenue challenged the order of the Commissioner of Income-tax (Appeals) before the Tribunal and the Tribunal vide impugned order dismissed the appea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Tribunal and this conclusion is a factual one and, thus, no substantial question of law arises in this case. 9. The relevant portion of the assessment order with regard to this document reads as under : Annexure A-28 page 15, gives the details of certain handwritten monetary transactions which shows that the assessee had given a loan of Rs. 22.5 lakhs on interest and earned interest income of Rs.3.55 lakhs on it. The details of the account began from April 1, 1997, and the other date recorded was found January 5, 1998, and the interest was calculated on the first day of April 1998. The assessee was asked to substantiate these transactions with supporting and necessary evidences and to explain the sources of these amounts. The assess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... payments and receipts are not shown in the returns filed by the asses see. In the light of the above discussions, an amount of Rs. 22,50,000 and the interest earned on it amounting to Rs. 3,55,000 is added back to the income of the assessee for the assessment year 1998-99. There fore, total amount of Rs. 26,05,000 is added back to the income for the assessment year 1998-99. 10. The relevant finding of the Tribunal is as under : The version of the assessee was that these entries related to his daughter, namely, Smt. Sarla Gupta. This version was very specific. After Smt. Sarla Gupta denied to have any transaction with the asses see, it was incumbent for the Department to have confronted the assessee against the contents of this docu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... notings and jottings, it cannot be said that these are the transactions carried out by the assessee for advancing money or for taking money. Thus, in our opinion, this is a dumb document. 11. In the present case the Assessing Officer has placed reliance on the statement of Smt. Sarla Gupta, daughter of the assessee while arriving at the conclusion that the entries belong to the transactions of the assessee. This statement made by Smt. Sarla Gupta cannot be said to be relevant or admissible evidence against the assessee, since the assessee was not given any opportunity to cross-examine her and even from the statement, no conclusion can be drawn that the entries made on the relevant page belong to the assessee and represent his undisclos ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... idered this aspect and observed that on comparison of the seized documents and ledger accounts of the parties, the seized documents could not be regarded as dumb documents . 14. While dismissing the appeal, the Delhi High Court held (headnote) : That the Tribunal had come to a certain factual conclusion about the nature of the papers seized. On the question whether the documents did or did not contain the particulars, the Tribunal observed that they did contain certain materials which were sufficient to come to a conclusion about cash payments having been made in addition to those made by cheques and drafts. The conclusion was essentially factual. No substantial question of law arose from its order. 15. Similarly, in the presen ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
