TMI Blog2011 (5) TMI 316X X X X Extracts X X X X X X X X Extracts X X X X ..... o cover up the lacunae in his case - Therefore, decided in favour of the revenue and against the assessee. - I.T.A No.17 of 2005, ITA No.18 of 2005. - - - Dated:- 20-5-2011 - Mr. Justice Deepak Gupta, Mr.Justice Rajiv Sharma, JJ. For the appellant: Mr.Vishal Mohan, Advocate with Mr.Rohan Thakur, Advocate. For the respondent: M/s.Vinay and Vandana Kuthiala, Advocates. Deepak Gupta, J. Both these appeals are being disposed of by a common judgment since common questions of law and fact are involved in the same. The substantial questions of law framed in ITA No.18 of 2005 which are more comprehensive and cover the entire dispute read as follows:- 1. Whether under the facts and circumstances of the case the Tri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the department and the figure submitted by the appellant, the case was reopened. It is not disputed that the appellant during the re-assessment proceedings finally worked out a figure of Rs.5,80,498/- as the cost of the house meaning thereby that he admitted that the original figure of Rs.3,25,000/- given by him was incorrect. According to the appellant, out of this amount of Rs.5,80,498/-, he had spent Rs.1,55,480/- in the assessment year 1993-94, i.e., prior to the period of reassessment and thus claimed that this amount could not be added to his income. According to the assessee, out of Rs.1,55,480/-, Rs.1 lac was on account of his past savings from his salary income and the balance Rs.55,480/- on account of unsecured loan ra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... om the Punjab National Bank and another sum of Rs.50,000/- as loan from various parties. The Assessing Officer came to the conclusion that the net salary of the assessee was only Rs.60,211/- and, therefore, he could not have saved Rs.64,715/- and added this amount to the income of the assessee. The Commissioner reduced the addition to Rs.40,000/- in this regard. The learned Tribunal upheld the order of the Commissioner. As far as the common questions of law are concerned, in our view, they are not questions of law at all. The finding whether the appellant had spent a particular amount in a particular year out of the savings or not is a pure question of fact and not of law. The assessment was rightly reopened since the assessee himself h ..... X X X X Extracts X X X X X X X X Extracts X X X X
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