TMI Blog1981 (9) TMI 209X X X X Extracts X X X X X X X X Extracts X X X X ..... undisclosed income. In the reassessment proceedings the ITO asked the assessee's representative to furnish the present addresses of the hundi bankers for verification. He replied on 6th Nov., 1978 that the addresses were already furnished at the original assessment and filed a copy of letter dt. 24th Dec., 1969 and the sworn copy of letter dt. 24th Dec., 1969 and the sworn statement of the managing partner late M.K. Meeran Sahib recorded on 12th Sept., 1966 when he was alive. The letters issued by the ITO to the 12 hundi bankers at the addresses furnished by the assessee were returned unserved by postal authorities with an endorsement "Left". The assessee was asked to furnish the present addresses of the 12 impugned hundi bankers, as also of two others whose addresses were not furnished originally the details of which were as under: Sl. No. Dated Name of banker Amount. . . . Rs. 1. 8-12-1960 Seth Thankurlal Tikkamdos, 210, NSC . . . Bose Rd., Madras. Rs. 50,000 . . 8-12-1960 -do- Rs. 50,000 1,00,000 2. 8-12-1960 Set ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ere genuine referring also to the assessee's subsequent conduct in approaching the department for settlement. The ITO treated the peak hundi loan credit of Rs. 4,45,000 as the assessee's undisclosed income 'taking into account the failure of the assessee to prove the nature and source of cash credits'. The ITO also disallowed interest of Rs. 26,720 relating to hundi loans. 2. The Commr.(A) in disposing of the appeal in the assessee's favour narrated the facts of the case as under: "The original assessment in this case was completed on 14th March, 1962. The order sheet entry dt. 6th March, 1962 inter alia reads as under: 'The firm has borrowed large amounts from Multani bankers and these have been advanced to the allied firm of Saheb Trading Co. The net result is a loss as the interest payments exceed receipts. The interest amounts are deducted even at the time of lending by the bankers and consequently the interest paid will be allowed in full. Interest receipts are only for the proportionate period up to 31st March,1961. I have obtained full address of the creditors to whom interest has been paid. Office will please issue IT 93 slips furnishing the loan amounts taken and the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ition filed by the appellant, it will be useful if the relevant portions of the petition is reproduced here: The petition is dt. 25th March, 1968 and Inter alia reads as under: 'Your wanted to know whether it will be possible to produce all the hundi dealers for your examination at your Madras camp. In this connection we have to place the following before you: The firm consists of 4 adult partners and 4 minors. The working partner was Janab M.K. Meeran Sahib who was attending to all the affairs of the firm. Two of the partners are affairs of the firm. Two of the partners are ladies. The 4th partner Sri M.K. Mohamed Hussain is almost always in Ceylon. The working partner Sri M.K. Meeran Sahib had appeared before you and had given a sworn statement on 12th Sep., 1966. Unfortunately he died in his 44th year on 2nd Sept., 1967 all of a sudden. Even before his death this firm had been dissolved, i.e. w.e.f. 31st March, 1967. Now the position is that the remaining partners are absolutely in the dark since Sri M.K. Meeran Sahib was attending to every item of the business of this concern. He was dealing with all these hundi transactions parties directly and he has also submitted befo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Najeep 10 per cent Minor son Nazar 5 per cent . 35 per cent It could easily be seen that the partner could not have made such huge profit in one year. Hence out of the above Rs. 9,00,000, 1/4th may be taken u for allocation and the balance may be treated as genuine. (2) Maximum discount may be allowed. (3) The profit be allocated apportioned and apportioned and assessed in the hands of the partners for asst. yrs. 1954-55 to 1960-61, i.e. 7 years. For the 8th year the remaining 1/8th share may be assessed in the hands of the firm and therefore apportioned to the partners. (4) It is understood that there will be no penal action whatsoever on any account for any of these years. (5) It is understood that the amounts will not be capitalised. (6) For payment of tax to be levied time will be granted in easy instalments. We submit once again that we are agreeing for these terms and conditions only with a view of purchasing peace to avoid all legal litigations and complications. This appeal coming to you from the lady partners and the minor children will be hope evoke the sympathy and consideration of that Begign Government. Thank ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hose in the Madras High Court decision in 126 ITR 270. The assessee in that case never made an admission that he was prepared for a settlement with the department. The Deptl. Rep. Submitted that in the present case the assessee had filed a settlement petition dt. 25th March, 1968 (reproduced in the Commr.(A)'s order above) in which the assessee was prepared to be assessed on 1/4th of the peak hundi credit of Rs. 1 lakh, i.e. Rs. 2,25,000 spread over a period of eight years from the asst. yrs. 1954-55 to 1961-62. The Deptl. Rep. Contended that this offer of the assessee showed that the hundi loans were not genuine and this petition being already on record, the ITO was justified in resorting to the provisions of s. 147(a). Since the assessee had not disclosed fully and truly all the material particulars necessary for the assessment. In reply the ld. Counsel for the assessee submitted that consequent on the death of the managing partner Shri M.K. Meeran Sahib who died on 2nd Sept., 1967 the surviving partners not being in the full knowledge of the affairs of the firm had offered the settlement with a view to purchase peace even though "each and every item of hundi loan was a genuine o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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