2005 (1) TMI 676 - HC - Income Tax

Summary

Issues Involved:
The issues involved in this case are the correctness of the Income-tax Appellate Tribunal's decision in reversing the order of the learned AAC regarding the assessment and the proper exercise of power of enhancement by the D.C. (Appeals) under section 251 of the Income-tax Act, 1961.

Assessment Year 1974-75:
The case pertains to the assessment year 1974-75 where certain incriminating books and papers were found and seized from the family's money-lending business. The Income-tax Officer added certain cash loans in the hands of the assessee based on the seized account books. The CIT(A) set aside the addition to allow the assessee an opportunity to explain the cash loans properly. Upon reframe of the assessment order, the ITO accepted the cash credit of &8377; 1,50,000. The D.C. (Appeals) issued a notice under section 251 of the Act to enhance the income based on the accepted cash credit. The assessee appealed to the Tribunal against this enhancement.

Tribunal's Decision:
The Tribunal found that the explanation provided by the assessee, including confirmation letters of cash creditors, their affidavits, addresses, and account numbers, established the genuineness of the cash credit. The Tribunal concluded that the assessee had discharged the burden of proof regarding the nature and source of the cash credit, and no addition to the total income was warranted. Consequently, the Tribunal was justified in reversing the order of the AAC and setting aside the assessment order.

Court's Ruling:
Upon hearing the arguments, the Court upheld the Tribunal's decision, stating that the assessee had indeed fulfilled the onus of explaining the cash credit. Therefore, the first question posed by the Tribunal was answered in favor of the assessee. As a result, the second question became irrelevant for adjudication. The Court ruled against the department/revenue and in favor of the assessee/respondent, with no order as to costs.