TMI Blog1994 (9) TMI 49X X X X Extracts X X X X X X X X Extracts X X X X ..... s filed by the assessee on March 23, 1989, in compliance with the notice under section 148 showing an income of Rs. 51,050. The assessment was completed on March 31, 1989, on an income of Rs. 68,370. While completing the assessment, the Assistant Commissioner gave an office note in the assessment order stating that during the year the assessee had received gifts worth Rs. 5,62,016 from different persons on the occasion of her marriage. The assessee filed a list of donors along with their P. A. account G. I. R. No. showing the place of their assessment. The Assistant Commissioner in his note further stated that the assessment was being completed subject to further enquiry to be made at Madras for verification of alleged gifts and if necessar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... te Tribunal, vide its order dated August 28, 1991. The Tribunal held that the Commissioner of Income-tax in haste, without proper and adequate enquiry, had passed the said order and hence it is illegal. On behalf of the Revenue reliance had been placed on the cases of Swarup Vegetable Products Industries Ltd. (No. 1) v. CIT [1991] 187 ITR 412 (All); CIT v. Geeta Devi Agarwal [1988] 174 ITR 601 (Patna) and CIT v. Smt. Pushpa Devi [1988] 173 ITR 445 (Patna). Further reliance has been placed on the fact that the order of the Commissioner of Income-tax under section 263 was upheld on the ground that the assessing authority has not made proper enquiry and committed an error, hence the Commissioner has rightly exercised his power. The contention ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ade any enquiry to come to the conclusion that the gifts were not genuine. He neither had anything before him, documentary nor the oral statement of somebody, which could prove that some of the gifts were not genuine. A mere report of the Deputy Director (Intelligence), Madras, suggesting that some of the gifts may be non-genuine and that too not confronted to the assessee, in our opinion, was not sufficient to conclude that the gifts were not genuine." The question in this case is whether the Commissioner of Income-tax had power to remand the case as contended on behalf of the Revenue and also whether the finding recorded by the Tribunal has been challenged. We find that the Revenue has not challenged this finding. Once the Tribunal has re ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
