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2013 (11) TMI 177 - AT - Income TaxAssessment of Undisclosed income u/s 69A of the Income Tax Act - Assessee had received a sum of Rs.46.55 lakhs from a Trust called Kuriakose Elias Trust, Trivandrum during the financial year 2004-05 in settlement of his dues, which are due from a person named Shri M.R. Somarajan, Amba Rubber Industries, Thampalakkadu, Kanjirappally, Kottayam District – Held that:- Ld CIT(A) has placed much reliance on the opinion given by the Government examiner of questioned documents. It is a well settled proposition of law that the strict rule of evidence is not applicable to the income tax proceedings and the issues can be decided on the basis of preponderance of probabilities - Signatures recorded in the receipts, final agreement and cheque needs to be verified - Opinion given by the Government Examiner with regard to the difference in the signature and handwriting would gain importance only if proper explanation is offered to the contradictions Identity of the assessee, who is in receipt of money, has been put in question – Held that:- It is a well settled proposition of law that the retraction can be accepted only on the basis of evidences and explanations - Tax authorities have not taken any step to verify the address in order to ascertain the correct identity of Mr. Alex George(assessee), particularly in the circumstances of the claim that the Alex George is a different person and not the assessee. The father's name has been mentioned as "K.C.George". In most of the situations; the father's name may not be alike, though the personal name may be alike - Restored the matter to Commissioner(A)’s file with the direction to cause enquiries on the above said lines and also such other enquiries that may be required and then take appropriate decision in accordance with the law.
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