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[2007] 292 ITR 597 [2007] 160 TAXMAN 373 (PUNJ. & HAR.) HIGH COURT OF PUNJAB AND HARYANA Commissioner of Income-tax-II v. Jeeta Khan M.M. KUMAR AND VINOD K. SHARMA, JJ. IT APPEAL NO. 451 OF 2006 JANUARY 18, 2007 Section 143 of the Income-tax Act, 1961 - Assessment - Additions to income - Assessee made certain payment to Estate Officer - Regarding source of said payment, assessee contended that he had raised loan from 'R' and received gifts from his relatives - Loan was advanced through bank draft and 'R' confirmed advancement of loan - Further persons who made gifts to assessee filed their confirmation and all those persons were income-tax assessees and copies of their returns were also filed before authority - Whether Assessing Officer was not justified in making addition of loan amount and gifts on ground that assessee had failed to prove identity of those persons - Held, yes S.K. Garg Narwana for the Appellant. ORDER M.M. Kumar, J. - The revenue has come in appeal under section 260(A) of the Income-tax Act, 1961 against the order dated 24-4-2006 passed by the Income-tax Appellate Tribunal in ITA No 1167/Chd./2004. The Tribunal has rejected the appeal of the revenue and upheld the order of the Commissioner of Income-tax dated 31-8-2004 and had set aside the order of assessment dated 26-3-2001 made by the Assessing Officer by making addition of income to the tune of Rs. 48,000. The afore-mentioned amount was computed as income as the Assessing Officer has refused to accept the unsecured loan contributed by various persons. The view of the Tribunal emerges from the perusal of para 15 of its order which reads as under:- "The only ground remains for adjudication is ground No. 1 wherein the addition on account of unsecured loans of Rs. 64,640 from Sh. Rattan Singh and Rs. 80,000 from his family members which was, deleted by the ld. CIT(A) has been challenged on the plea that assessee has failed to prove the identity of these persons. The assessee is an individual engaged in the business of manufacture of furniture in village Burail, showed income of Rs. 51,675 which comprises of business income of Shri Mohd. Aslam Khan (minor) at Rs. 26,400 including rental…

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