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2021 (11) TMI 511 - HC - Income TaxUnexplained investments - second round of litigation - whether Tribunal is right in law in deleting the addition made by assessing authority with regard to unexplained investments by erroneous holding that the assessing authority has not furnished its report after verifying the recipient even when the onus/burden is on the assessee to prove the veracity of evidence found against him in the course of search as per section 69C of the Act and without considering the contents of seized materials? - HELD THAT:- It is not in dispute that in the first round prior to remand made by the Tribunal, the assessing officer has recorded the statements of Mr.J.Das. He [Mr.J.Das] had categorically stated that he has received only ₹ 2,00,000/- from the assessee. This has been reiterated by the Commissioner of Income Tax [Appeals]. However, the Commissioner of Income Tax [Appeals] proceeded to sustain the addition of ₹ 2,00,000/- deleting the addition of ₹ 18,00,000/-. The statement of Mr.J.Dass being recorded by the assessing officer, now it cannot be contended by the Revenue that no particulars of Mr.J.Dass was available with the assessing officer to comply with the directions issued by the Tribunal. Thus, it was mandatory for the assessing officer to comply with the directions of the Tribunal. The ground of the Revenue that Mr.J.Das had expired and his particulars were not available with the Department to verify whether Mr.J.Das has been assessed for ₹ 20,00,000/- or the department had accepted that he had received only ₹ 2,00,000/- could not be done, is a lame excuse and cannot be acceded to. It is well settled that the finding given by the Tribunal on pure questions of facts is not exigible to further adjudication while considering the matter relating to substantial question of law. No perversity is found in the findings recorded by the Tribunal. - Decided against revenue.
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