TMI Blog2001 (11) TMI 13X X X X Extracts X X X X X X X X Extracts X X X X ..... -The decision rendered in this appeal shall govern the dis posal of other connected appeals being I.T.A. No. 48 of 2001 (N. Khanchand Khatri v. CIT) I.T.R. No. 49 of 2001 (N. Khanchand Khari v. CIT) and I.T.A. No. 50 of 2001 (N. Khanchand Khatri v. CIT) as all these appeals involve common issues and, secondly, they are filed by the same assessee except the difference being that these appeals arise out of different assessment years and were disposed of by a common order by the Income-tax Appellate Tribunal, Indore. The present appeal is filed under section 260A of the Income-tax Act, 1961, which arise out of order dated April 12, 2001, by the Income-tax Appellate Tribunal, Indore, in I.T.A. Nos. 216, 217 and 218/Ind of 1996. They relate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hrough the impugned order of the Income-tax Appellate Tribunal, we find no merit in this appeal worth admission. In our considered view, the appeal does not involve any question of law much less substantial question of law-a prerequisite for entertaining the appeal. The submission of learned counsel for the appellant that there was no material on record to issue notice under section 148 of the Income-tax Act for reopening of the cases for the years in question and that in the absence of any reasoning not being communicated to the assessee as to why the cases are being reopened vitiates the notice, has no substance. As rightly concluded by the Income-tax Appellate Tribunal, the very act of conducting a raid operation in the premises of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... coming to the next question, whether a particular cash credit entry appearing in the books of account of an assessee or not appearing in the books and unexplained money found in the possession of an assessee is genuine or not is essentially a question of fact. It is required to be proved by an assessee by tendering evidence to the satisfaction or an Assessing Officer. Sections 68 and 69A of the Income-tax Act, which specifically deal with cases of cash credit and unexplained money in clear terms provide that it is for the assessee to offer an explanation to prove the entry and source to the satisfaction of an assessing authority. Sections 68 and 69A ibid do not define as to what type of evidence, the assessee is required to file and, hence ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of such proof, the Assessing Officer is entitled to treat it as taxable income. Keeping in view the aforesaid law if one examines the facts of this case and the concurrent findings recorded by the Assessing Officer, the Commissioner of Income-tax (Appeals) and lastly affirmed by the Income-tax Appellate Tribunal, we find that the explanation offered by the appellant and the evidence tendered in support of the disputed cash credit entries and unexplained source of money was not found to be satisfactory and accordingly it was included in the income of the appellant. It is in our opinion a pure finding of fact and does not involve any issue of law that to say substantial questions so as to empower this court to entertain the appeal on the m ..... X X X X Extracts X X X X X X X X Extracts X X X X
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