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2014 (12) TMI 564 - ANDHRA PRADESH HIGH COURTInclusion of the amount of ₹ 17,23,400 - Whether the amount of ₹ 17,23,400/-, the addition of which is deleted by Tribunal could be termed as undisclosed investment – Held that:- A sum of ₹ 17,23,400 was not reflected in the books of accounts - AO as well as CIT was of the view that once the transaction involving such huge amount has taken place, it ought to have been reflected in one form or the other in the books of account and non-disclosure of the same would enable them to treat it as unexplained investment – but, the Tribunal took the view that the purchase of groundnut of the value of ₹ 17,23,400/- is part of ₹ 30,80,270/- for the AY 1989-90 and 1990-91, which was treated as unexplained income and the amount cannot be the subject matter of the taxation for the second time – revenue is not able to point out that the reason assigned by the Tribunal is not factually correct - once it emerges that the amount of ₹ 17,23,400/- is nothing but part of larger figure, which was brought under the purview of the Act, there was no basis for inclusion of the same in a different AY – thus, the order of the Tribunal is upheld as it was on pure appreciation of facts and no question of law arises for consideration – Decided against revenue.
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