TMI Blog1990 (8) TMI 45X X X X Extracts X X X X X X X X Extracts X X X X ..... ue both preferred appeals before the Incometax Appellate Tribunal where it was held, amongst others, that statements obtained under section 131 of the Income-tax Act cannot be used against the assessee without providing an opportunity to him to place materials for rebutting the same. It was further held that the Income-tax Officer failed to consider all the evidence on record and without calling upon the assessee to furnish explanation on some points, the Income-tax Officer formed conclusion against the assessee unwarranted by the facts and circumstances of the case. With such findings, the Tribunal considered some materials ignoring some others and directed the Income-tax Officer to exclude all the investments, remittances, receipts, incom ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s and in the circumstances of the case, in arriving at the finding that the Kalinga Foundation Trust had acquired property from donations from the public, the Tribunal erred in law in not giving due consideration to the several matters relevant for determination of the points which had been considered by the Income-tax Officer in the assessment order? 4. Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the income from dividend shown in the name of the Kalinga Foundation Trust, the interest on the loans advanced in the name of the Kalinga Foundation Trust and all investments, remittance, receipts and actual payments in the name of Kalinga Foundation Trust did not belong to the assessee and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the High Court. Accordingly, a statement of case has been sent by the Tribunal on the basis of which we are hearing these matters. Heard Mr. A. K. Ray, learned counsel appearing for the Revenue, and Mr. S. N. Ratho, learned counsel appearing for the assessee. They elaborately placed all materials including orders at different stages. In the course of submissions, we pointedly wanted learned counsel for both parties to state whether the finding of the Tribunal that the assessee has not been given a reasonable opportunity to rebut the statements recorded ex parte under section 131 of the Act and that the Income-tax Officer failed to consider all the evidence on record and did not call upon the assessee to furnish explanation on some points ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd by the Tribunal. When reasonable opportunity is given to the assessee fresh facts may come to light which are again to be considered. In our advisory jurisdiction, it is not desirable to record findings of facts. The Supreme Court in its order has also very clearly observed that it is neither necessary nor proper at the stage of considering whether statement of case is to be made to express any opinion with regard to the findings of fact. No answer should be given in advisory jurisdiction which would finally decide the issue since a final finding can be arrived at only after giving reasonable opportunity to the assessee and the explanation given by the assessee would have a material bearing on the finding. It is necessary that the As ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
