9911796707
TMI Blog2016 (6) TMI 972X X X X Extracts X X X X X X X X Extracts X X X X ..... 2-03, claiming following substantial questions of law:- "I. Whether in the facts and circumstances of the case, the learned Tribunal order dated 15.9.2015 and its finding are legally justified in the eyes of law? II. Whether in the facts and circumstances of the case, the learned Tribunal order dated 15.9.2015 and its finding are in the eyes of law i.e. the Assessing Officer has rightly added the said amounts in the hands of the appellants and the CIT(A) has also confirmed it with proper reasoning in respect of the assessment year 2000-01 and 2002-03? III. Whether in the facts and circumstances of the case, the learned Tribunal order dated 15.9.2015 and its finding are in the eyes of law i.e. learned Tribunal was whether justified by rej ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . The assessments relevant to the search period i.e. Assessment years 1999-2000 to 2005-06 were completed by the Assessing Officer under sections 153A/143(3) of the Act vide order dated 19.12.2006, Annexure A.3. Aggrieved by the order, the assessee filed appeal before the Commissioner of Income Tax (Appeals) [CIT(A)]. The CIT(A) dismissed the appeal of the assessee for non-prosecution on 22.8.2008 which was restored by the Tribunal, Delhi Bench, vide order dated 31.7.2009. Vide order dated 16.3.2010, the CIT(A) disposed of the said appeal by granting certain reliefs. Against the said order, the assessee approached the Tribunal. The Tribunal restored the appeal to CIT(A) for readjudication vide order dated 25.6.2010. The CIT(A) dismissed the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... concluded by him that this account for all intents was being used by Shri Kapoor Singh or his sons as Shri Sube Singh had no capacity to make big deposits appearing in the said account. Even the introduction to the account had been made by the wife of the assessee- Smt. Prem Kumari. The withdrawals from the said account were either made by Shri Kapoor Singh or his sons Vikas and Rajiv from time to time. Further, the account had been closed on 5.3.2005 i.e., immediately after the search on 4.3.2005, thus, indicating the assessee's interest in the account. In such circumstances, the account was held to be benami account of Shri Kapoor Singh and peak amounts in the relevant assessment years were added as income of the assessee which was R ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rd the submissions made by both the sides. It is pertinent to note that the bank pass book was found in the custody of assessee. The assessee at no point of time stated that he has not received the amounts from Shri Sube Singh. It can be seen from the entries in the bank account that Shri Sube Singh has issued various cheques to the assessee as well to the assessee's sons and this fact has not been denied by the assessee at any stage. Only the version of his explanation changed during the search and during the assessment proceedings. The assessee could not establish that the loan was repaid at particular time from any records. The assessee though has given details of his salary, the same also indicates that there are certain amounts in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r the search on 4.3.2005. This shows that the account was fully operated by the assessee. The copy of the details of the said bank account from 18.11.1999 to 13.7.2004 has bene submitted before the Assessing Officer. However, from the assessment records, it can be perused that the bank account of Shri Sube Singh was operated right from 4.4.1978. Since 1978 to November 1999, the amounts were meager and in regular intervals indicating that they pertain to the pension received by him from Army. During the assessment proceedings enquiries were made from the bank and it was found that the introduction to the said account had been made by Smt.Prem Kumari wife of the assessee and the withdrawals and the deposits have been made by Shri Kapoor Singh ..... X X X X Extracts X X X X X X X X Extracts X X X X
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